M. Schiketanz Real Estate Inc. v Dean

Landlord wins · Kitchener · 2026-01-21

Adjudicator

Dana Wren

Dispute

Serious Impairment of Safety

Notice

Serious impairment of safety (N7)

Amount

<$5K

Landlord

M. Schiketanz Real Estate Inc.

Tenant

J.M.D.

Landlord rep

Eric Schroeder

What happened

The Landlord applied to terminate the tenancy because the Tenant threw heavy pieces of maple lumber from her ninth-story balcony. A witness residing in a lower unit testified that three to four pieces of wood, some containing metal hardware, were thrown down even after the Tenant was yelled at to stop. While the adjudicator found this seriously impaired safety, the Landlord requested a conditional order to preserve the tenancy rather than immediate eviction.

The ruling

The tenancy is allowed to continue on the condition that the Tenant does not throw items from her balcony. The Tenant is also ordered to pay the Landlord $186.00 for the application fee. If the Tenant breaches the condition regarding throwing items, the Landlord may apply for an ex parte eviction order within 30 days of the breach.