Penworth Holdings Inc. v. Howe

Landlord wins · 2017-06-29

Adjudicator

Swinton J.

Dispute

Breach of Conditions, Substantial Interference

Amount

<$5K

Landlord

Penworth Holdings Inc.

Tenant

A.H.

Landlord rep

Martin Zarnett

Tenant rep

R. Hardy

What happened

Landlord applied to terminate tenancy due to Tenant's breach of a previous conditional order. The original order found Tenant's abusive conduct toward Landlord's staff amounted to harassment and substantial interference. Tenant breached the condition by uttering profanities directed at Landlord's representative.

The ruling

The Divisional Court dismissed the Tenant's appeal of the Landlord and Tenant Board's decision to terminate the tenancy. The Court found that the Board's decision was reasonable, given the Tenant's breach of a previous conditional order by making rude and profane comments towards the Landlord's agents. The eviction order was upheld, with the previously set eviction date of March 31, 2017.