Camsta No.1 LP v Alkahil
Tenant wins · Hamilton · 2025-04-03
- Adjudicator
- Robert Brown
- Dispute
- Illegal Act, Substantial Interference
- Notice
- Illegal Act (N6), Impaired Safety (N7)
- Landlord
- Camsta No.1 LP
- Tenant
- Y.A., A.A.
- Landlord rep
- Sabrina Sciulli
- Tenant rep
- Aradhna Mahajan
What happened
Landlord applied to terminate the tenancy and evict the Tenants due to an alleged illegal act and impairment of safety by the Tenant's son. The Landlord claimed the Tenant's son pulled a gun on another resident and struck them with the gun. The Tenant argued the incident occurred at a neighboring building, not the rental complex, and that the gun was a replica.
The ruling
The Landlord's application is dismissed. The Landlord failed to prove the allegations in the N6 and N7 notices. The evidence showed the incident occurred at a neighboring building, not the rental complex, and the gun was likely a replica, not a real firearm. There was no evidence the incident impaired the safety or reasonable enjoyment of other residents.