Fennuk v Lavoie
Split/Other wins · Timmins · 2025-10-08
- Adjudicator
- Paula West Oreskovich
- Dispute
- Substantial Interference
- Notice
- Substantial interference (N5)
- Amount
- <$5K
- Landlord
- C.F., K.B.
- Tenant
- P.L., J.C.L.
- Landlord rep
- Khalil Bheriani
- Tenant rep
- Marc Larose
What happened
The Landlord applied for eviction based on substantial interference involving the Tenants' dog and the storage of personal items in common areas. The Landlord alleged the dog was unleashed and barking excessively, and that personal items created fire hazards. The Tenants, who are elderly and have health issues, argued they are seeking alternative affordable housing and have implemented noise-reduction measures for the dog. They admitted to using common areas for storage because their basement unit was wet, though they had not informed the Landlord of this condition.
The ruling
The Landlord's application to terminate the tenancy is granted but stayed under conditional relief. The Tenants must remove all personal items from common areas by October 15, 2025, and ensure they remain clear. Additionally, the Tenants must keep their dog leashed in common areas and prevent excessive barking for a 12-month probationary period. Failure to comply with these conditions allows the Landlord to apply for an ex parte eviction order. The Tenants are ordered to pay the $186.00 application fee.