Jackson v. Capobianco

Landlord wins · 2017-05-30

Adjudicator

Justice Swinton

Dispute

Breach of Conditions, Substantial Interference

Amount

<$5K

Landlord

M.C.

Tenant

A.J.

Landlord rep

Jane Ferguson

What happened

Tenant appealed a Landlord and Tenant Board decision that terminated her tenancy due to substantial interference with the landlord's rights. The interference included excessive dog feces, denying access to a real estate agent, and failure to pay the water bill. The landlord sought to quash the tenant's appeal.

The ruling

The Divisional Court granted the landlord's motion to quash the tenant's appeal of the Landlord and Tenant Board decision. The court found that the appeal did not raise questions of law and was an attempt to delay eviction. The stay of the Board order was lifted, and costs of $2,500 were awarded to the landlord.