Evictly

Bordieri v Bordieri

Tenant wins · Toronto · 2024-12-23

Adjudicator
Alicia Johnson
Dispute
Illegal Act, Substantial Interference
Notice
N7
Landlord
D.B.
Tenant
P.B., J.M., D.B.
Landlord rep
Fred Bari
Tenant rep
Lubeila Fragoso

What happened

Landlord applied to terminate the tenancy and evict the Tenants due to allegations of the Tenant, another occupant or a person the Tenant permitted in the residential complex seriously impairing the safety of any person and substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord in a building that has three or fewer residential units and the Landlord resides in the building.

The ruling

The Landlord's application is dismissed as the Landlord failed to prove the grounds for termination of the tenancy. The evidence shows this is a civil dispute between siblings over power of attorney and care of their mother, the Landlord, and the Tenant did not seriously impair the Landlord's safety or substantially interfere with the Landlord's enjoyment of the property.