BOARDWALK GENERAL PARTNERSHIP v Miller

Split/Other wins · Kitchener · 2025-09-04

Adjudicator

Joy Xiao

Dispute

Breach of Conditions, Damage to Property, Substantial Interference

Notice

Substantial interference (N5), Damages (N5)

Amount

<$5K

Landlord

BOARDWALK GENERAL PARTNERSHIP

Tenant

A.M., J.K.

Landlord rep

Nancy Peng

What happened

The Landlord applied to terminate the tenancy based on substantial interference and negligent damage. The interference involved abusive and profane communications from Tenant 1 towards staff and a failure to provide proof of insurance. The damage involved a flooding incident caused by Tenant 2's attempted DIY plumbing repair. The Tenants argued the communication style was due to mental illness and that insurance was active.

The ruling

The tenancy is allowed to continue provided the Tenants comply with several conditions: provide proof of insurance by September 30, 2025; refrain from further willful or negligent damage; and maintain respectful, non-abusive communication with Landlord staff for twelve months. The Tenants are also ordered to pay the Landlord $186.00 for the application filing fee. Failure to meet these conditions allows the Landlord to apply for an ex parte eviction order.