Fox v Metcap Living Management Inc.
Landlord wins · Toronto · 2025-07-01
- Adjudicator
- Kyle McGraw
- Dispute
- Substantial Interference, Tenant Rights
- Landlord
- Metcap Living Management Inc.
- Tenant
- J.F.
- Landlord rep
- Michelle Forrester
What happened
The Tenant applied for an order determining that the Landlord substantially interfered with his reasonable enjoyment of the rental unit or residential complex. The Tenant's primary concern was the repeated unauthorized entry and presence of homeless individuals within the complex, which he claimed the Landlord failed to adequately address despite numerous reports. The Landlord contended that they had taken reasonable security measures, including hiring private security, upgrading hardware, and cooperating with the police, and that many entries occurred due to other residents allowing individuals to 'tailgate' through secure doors.
The ruling
The Tenant's application is dismissed. The Board found that the Tenant did not prove, on a balance of probabilities, that the entry of homeless individuals was due to the Landlord's security failings or that the Landlord failed to reasonably address his complaints.