Medallion Corporation v. McIlroy

Tenant wins · 2023-09-21

Adjudicator

Matheson J.

Dispute

Substantial Interference

Amount

$5-10K

Landlord

M.C.

Tenant

S.M.

Landlord rep

David Strashin

Tenant rep

Shibil Siddiqi, Scott Byers

What happened

Tenant applied alleging interference with his reasonable enjoyment of his rental unit due to noise from the adjacent unit, which was caused by a child with autism who lived next door. The Landlord had sent notices to the neighbouring tenant in response to the complaints, but the issue persisted.

The ruling

The Member awarded a rent abatement of $7,419.60 and directed the Landlord to hire a contractor to ascertain whether soundproofing could be installed to reduce the noise. The Member declined to order the Landlord to cease the noise, finding that would be unreasonable and unenforceable.