OSGOODE PROPERTIES LTD v Melo

Tenant wins · Kingston · 2023-01-27

Adjudicator

Diane Wade

Dispute

Substantial Interference, Breach of Conditions

Landlord

OSGOODE PROPERTIES LTD

Tenant

L.M.

Landlord rep

David Lyman, Regan Whatley

Tenant rep

John Done

What happened

Landlord applied to terminate tenancy and evict Tenant for failing to meet conditions specified in a previous order and for substantial interference. Tenant filed a motion to set aside the previous order and requested a review of another order. The Board granted the review and set aside, allowing the Tenant another opportunity to provide proof of insurance.

The ruling

The Board set aside the previous order and cancelled the eviction order. The Tenant is given until February 26, 2023, to provide proof of liability insurance to the Landlord. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy within 30 days of the breach.