CAPREIT 2 LIMITED PARTNERSHIP v SOLOMON

Tenant wins · Toronto · 2025-05-29

Adjudicator

Greg Witt

Dispute

Breach of Conditions, Substantial Interference

Landlord

CAPREIT 2 LIMITED PARTNERSHIP

Tenant

A.A.S.

Landlord rep

Sienna Daproza, Geoff Paine

What happened

The Landlord filed an application to terminate the tenancy, alleging the Tenant breached a condition from a previous LTB order dated May 31, 2024. The condition required the Tenant to prevent excessive noise. The Landlord presented testimony from a downstairs neighbor and a noise log as evidence. The Tenant denied the allegations. The Board found the Landlord's evidence insufficient to prove the noise constituted substantial interference or a breach of the order, and consequently dismissed the application.

The ruling

The Landlord's application to terminate the tenancy for the Tenant's alleged breach of a previous conditional order regarding noise is dismissed. The Member determined that the Landlord's evidence was insufficient to prove that the Tenant's conduct constituted substantial interference. The previous order from May 31, 2024 remains in effect.