Marshall v Brady

Split/Other wins · Port Colborne · 2023-10-12

Adjudicator

Robert Brown

Dispute

Bad Faith Eviction, Harassment, Substantial Interference

Notice

Personal use (N12)

Amount

<$5K

Landlord

K.B., C.B.

Tenant

L.M., P.M.

Landlord rep

Danielle Thomas

Tenant rep

Curt Anderson

What happened

Tenants filed applications alleging that the Landlords substantially interfered with their reasonable enjoyment of the rental unit by tampering with the hot water, using security cameras to harass them, and disposing of their property. The Tenants also alleged that the Landlords served an N12 notice in bad faith.

The ruling

The Tenants proved some of the allegations, including the Landlords' use of security cameras to harass the Tenants and the Landlords' removal of cable TV service. The Landlords must pay the Tenants $3,816, which includes a rent abatement and general damages. The Tenants' claim that the Landlords served an N12 notice in bad faith was dismissed.