2656083 Ontario Ltd. v Framboise

Tenant wins · Pembroke · 2025-07-10

Adjudicator

Inderdeep Padda

Dispute

Damage to Property, Substantial Interference

Notice

Damages (N5), Substantial interference (N5)

Landlord

2656083 Ontario Ltd.

Tenant

B.F.

Landlord rep

Darryl Woodcock

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant based on allegations of willful or negligent damage to the premises and substantial interference with the reasonable enjoyment or lawful rights of the Landlord or other tenants. The application was based on a first N5 Notice of termination.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant for damages and interference was dismissed. The adjudicator found the N5 Notice of termination was invalid because it did not include the mandatory seven-day period allowing the Tenant to remedy the alleged issues, which is a statutory requirement for a first N5 Notice.