Parkwood Apartments JV v Dogovic

Tenant wins · Mississauga · 2021-11-08

Adjudicator

Randy Aulbrook

Dispute

Damage to Property, Illegal Act, Substantial Interference

Notice

N5 (Damage/Interference), N6 (Illegal Act), N7 (Safety Impairment)

Landlord

Parkwood Apartments JV

Tenant

D.D.

Landlord rep

Joseph Bullas, Ivo Hladil, Curtis Begg, Natalia Czechowski

Tenant rep

Dragana Dogovic

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to allegations that the Tenant wilfully caused damage to the residential complex elevator, resulting in it being out of operation for over a month, and that this substantially interfered with the reasonable enjoyment of the other tenants. The Landlord also alleged the Tenant committed an illegal act and seriously impaired the safety of others.

The ruling

The Landlord's application is dismissed. The Landlord failed to provide sufficient evidence to prove the Tenant wilfully caused damage to the elevator, and the circumstances weighed in favor of granting relief from eviction.