Britannia-By-The-Bay Apartments I Limited c/o Realstar Corp. v Smith

Tenant wins · Ottawa · 2025-10-21

Adjudicator

Jitewa Edu

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

Britannia-By-The-Bay Apartments I Limited c/o Realstar Corp.

Tenant

S.S.

Landlord rep

M. Zarnett, S. Howlett

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for substantial interference with the reasonable enjoyment of the premises. The Landlord alleged that the Tenant's dog defecated on the patio, creating a foul odor, and that the Tenant caused noise disturbances through yelling, music, and partying during early morning hours.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The adjudicator found that the Tenant successfully voided the N5 notice by ceasing the complained-of behaviors within the statutory seven-day period, as the only evidence of continued disturbance (barking) was not specified in the original notice.