Heaton v Abrahim

Tenant wins · Etobicoke · 2025-07-09

Adjudicator

James Campbell

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

K.H.

Tenant

A.A.

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant alleging substantial interference with reasonable enjoyment due to vulgar and dangerous threats. The application was based on an N5 notice served in December 2024. During the hearing, the Landlord failed to provide evidence regarding the Tenant's conduct during the mandatory voiding period because the Landlord had blocked the Tenant.

The ruling

The Landlord's application for eviction and termination of tenancy is dismissed. The Landlord was unable to prove that the Tenant failed to void the N5 notice during the mandatory voiding period, largely because the Landlord had blocked the Tenant and could not provide evidence of her behavior during that week.