Del Condominium Rentals inc. v Gunby
Tenant wins · Toronto · 2025-05-07
- Adjudicator
- Kyle Anderson
- Dispute
- Substantial Interference
- Notice
- Substantial interference (N5)
- Landlord
- Del Condominium Rentals inc., S.S., A.F.S.
- Tenant
- M.G., A.K.W.W.
- Landlord rep
- Edwin Sadasivam
- Tenant rep
- Barrington Lue Sang
What happened
The Landlord applied to evict the Tenants for substantial interference, alleging harassment of condominium staff, and sought compensation for legal costs billed by the condominium corporation. The Tenants contested the allegations, stating their interactions with staff were to report by-law violations (late-night renovations) and not harassment. The Board dismissed the Landlord's application, finding the evidence, which consisted solely of third-party documents without any direct witness testimony, was insufficient to prove harassment on a balance of probabilities.
The ruling
The Landlord's application to terminate the tenancy for substantial interference and to claim compensation for legal costs is dismissed. The Adjudicator determined that the Landlord failed to prove the harassment allegations on a balance of probabilities. The Landlord's evidence was based entirely on third-party documents without any direct witness testimony, whereas the Tenant's testimony was found to be credible in explaining their actions as attempts to report by-law violations.