Ontario Aboriginal Housing v Rae and Payeur

Split/Other wins · Dryden · 2022-02-18

Adjudicator

Randy Aulbrook

Dispute

Substantial interference

Notice

N5

Landlord

O.A.H.

Tenant

E.R., M.P.

Landlord rep

Angela Parenteau

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to their smoking in the rental unit and residential complex, which substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.

The ruling

The Tenants are granted relief from eviction, subject to the condition that they refrain from smoking in the rental unit and common areas. If the Tenants do not correct their behavior and the Landlord can demonstrate substantial interference, the Landlord may apply to the Board for an order to terminate the tenancy and evict the Tenants.