125 Forest Partnership c/o EIWO Canadian Management Ltd. v Brooks
Tenant wins · Hamilton · 2025-07-09
- Adjudicator
- Joshua Labbe
- Dispute
- Substantial Interference
- Notice
- Substantial interference (N5)
- Landlord
- 125 Forest Partnership c/o EIWO Canadian Management Ltd.
- Tenant
- D.B.
- Landlord rep
- Shaunalee Derkson, Gail Kukor Lang
- Tenant rep
- Paul Taylor
What happened
The Landlord applied to terminate the tenancy and evict the Tenant based on a second, non-voidable N5 Notice. The notice alleged that the Tenant substantially interfered with the reasonable enjoyment of the residential complex by throwing food (a loaf of bread) from the balcony. This followed a previous N5 notice regarding similar conduct which had been voided by the Tenant.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Board found that the Landlord did not provide enough evidence to prove that the Tenant was responsible for throwing a loaf of bread from his balcony, which was the basis for the second N5 Notice.