Marshall v Henry

Tenant wins · Toronto · 2025-03-26

Adjudicator

Trish Carson

Dispute

Damage to Property, Substantial Interference

Landlord

S.M.

Tenant

D.H.

Landlord rep

Marilyn Scott

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to substantial interference with the Landlord's reasonable enjoyment or lawful right, privilege or interest, and for an order requiring the Tenant to pay the Landlord's reasonable out-of-pocket costs to repair or replace undue damage to property caused by the Tenant.

The ruling

The Landlord's application is dismissed. The Landlord did not prove the Tenant willfully or negligently caused undue damage to the area rug or that the Landlord incurred or will incur reasonable out-of-pocket expenses due to garbage hoarding.