105 Vachon Avenue Inc v Coulombe
Split/Other wins · Vanier · 2024-05-01
- Adjudicator
- Karen Gonçalves
- Dispute
- Substantial Interference
- Notice
- N5
- Landlord
- 105 Vachon Avenue Inc
- Tenant
- D.C., C.F.
- Landlord rep
- Sheila Powers
- Tenant rep
- Sylvia Chapman
What happened
Landlord applied for an order to terminate the tenancy and evict the Tenants due to substantial interference with the reasonable enjoyment of another tenant in the residential complex caused by noise from the Tenants' unit.
The ruling
The Landlord has proven the grounds for termination of the tenancy due to substantial interference. However, the Tenants suffer from disabilities and are entitled to accommodation under the Human Rights Code. The tenancy will continue if the Tenants accept and use the carpet provided by the Landlord and make reasonable efforts to minimize excessive noise during the night. If the Tenants fail to comply with these conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.