Pogacar v Scanlan

Tenant wins · Toronto · 2021-11-24

Adjudicator

Peter Nicholson

Dispute

Substantial Interference

Notice

N5

Landlord

K.P., Pogacar Holdings Ltd.

Tenant

A.S., T.R.

Landlord rep

H. Levenson

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the Landlord's reasonable enjoyment of the residential complex and/or lawful rights, privileges or interests. The Landlord alleged that the Tenants' dog was let off the leash on several occasions within and around the building.

The ruling

The Landlord's application was dismissed as the evidence presented did not satisfy that the alleged contravention caused substantial interference with reasonable enjoyment or interference with another's lawful rights, privileges, or interests.