Evictly

1911715 Ontario Inc. v Sykes

Tenant wins · Scarborough · 2025-05-28

Adjudicator
Kate Sinipostolova
Dispute
Substantial Interference
Notice
Substantial interference (N5)
Landlord
1911715 Ontario Inc.
Tenant
D.S.
Landlord rep
Bindu Jain, Ridowan Chaklader, Christina Destito
Tenant rep
Alexander Palacios

What happened

The Landlord applied to evict the Tenant for substantial interference, based on a second, non-voidable N5 notice. The notice was found to be defective because most of the alleged incidents occurred before the legally permissible timeframe. The one valid claim, that the Tenant failed to advise on availability for electrical work, was deemed insufficient to constitute substantial interference. Consequently, the Landlord's application was dismissed.

The ruling

The Landlord's application to evict the Tenant for substantial interference is dismissed. The second N5 notice served by the Landlord was found to be procedurally defective, as it included allegations from dates that are not permissible for a non-voidable N5 notice. The one valid allegation was insufficient to prove substantial interference.