St. Thomas-Elgin Social Services v Ryersee

Split/Other wins · St Thomas · 2025-11-26

Adjudicator

Jeremy Henderson

Dispute

Breach of Conditions, Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

St. Thomas -Elgin Social Services

Tenant

C.R.

Landlord rep

Gillian Renner

What happened

The Landlord applied to terminate the tenancy because the Tenant substantially interfered with the reasonable enjoyment of the residential complex. The Landlord served a first N5 notice for a physical fight and barking dogs, and a second N5 notice after an inspection revealed cigarette butts and drug paraphernalia in the non-smoking rental unit. The Tenant arrived late to the hearing after the evidence had already been heard.

The ruling

The LTB ruled that the Tenant's smoking and behavior substantially interfered with the Landlord's rights. However, the Tenant is granted relief from eviction on the condition that they do not smoke cigarettes or any other substance within the rental unit or residential complex between November 27, 2025, and November 26, 2026. The Tenant is also ordered to pay the Landlord $186.00 for the application filing fee.