Spavest Inc. v Graham

Landlord wins · Kitchener · 2023-10-17

Adjudicator

Greg Brocanier

Dispute

Damage to Property, Illegal Act, Substantial Interference

Notice

N6, N7

Amount

>$20K

Landlord

Spavest Inc., V.X.L.

Tenant

A.G.

Landlord rep

Ling Xi

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant committing illegal acts, seriously impairing the safety of others, and wilfully causing undue damage to the premises. The Landlord alleged the Tenant intentionally turned on all four burners of the rental unit's stove on high and left the kitchen water running, which flooded the kitchen and mechanical room below, short-circuiting the electrical panel for the fire detection system.

The ruling

The tenancy is terminated, and the Tenant must vacate the rental unit by October 28, 2023. The Tenant is ordered to pay the Landlord $2,203.79 in compensation for use and occupation of the unit from June 23 to September 6, 2023, as well as $29 per day in compensation starting September 7, 2023 until the Tenant moves out. The Tenant must also pay the Landlord $186 for the application filing fee.