1351895 ONTARIO LIMITED v Vo

Landlord wins · Toronto · 2024-10-02

Adjudicator

Brett Lockwood

Dispute

Damage to Property, Substantial Interference

Notice

N5 Notice of Termination - Damage Wilful or Negligent

Amount

<$5K

Landlord

1351895 ONTARIO LIMITED

Tenant

M.V., L.A.N.

Landlord rep

Sean Beard

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenants due to substantial interference and wilful or negligent damage to the property. The Landlord alleged that the Tenants drove through the garage door, causing $3,765.40 in damages.

The ruling

The Landlord's evidence supports the claim that the Tenants negligently caused $3,765.40 in damages to the garage door. However, the most appropriate remedy is a conditional order, as this was a one-time incident and the Tenants did not appear to have willfully caused the damage. The Tenants are ordered to pay the Landlord $3,951.40 for the damages and application fee by November 15, 2024. If the Tenants fail to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.