Wilstar Management Ltd. v. Novotny

Landlord wins · 2020-01-07

Adjudicator

Swinton J.

Dispute

Illegal Act, Substantial Interference

Amount

<$5K

Landlord

Wilstar Management Ltd., R.G.

Tenant

J.N.

Landlord rep

Spencer Toole

What happened

Tenant appealed a Landlord and Tenant Board decision that found he had substantially interfered with other tenants' reasonable enjoyment, seriously impaired their safety, and committed an illegal act by disconnecting the fire alarm in his unit. The Board had ordered the tenant's eviction.

The ruling

The Divisional Court dismissed the tenant's appeal of the LTB decision, finding no error of law. The court upheld the eviction order but stayed its execution until February 28, 2020. Costs of $1,500 were awarded to the landlord.