9328335 Canada Corp v Stockecke

Tenant wins · Mattawa · 2022-02-11

Adjudicator

Peter Nicholson

Dispute

Damage to Property, Improper Use Of Rental Unit

Notice

Termination for Wilful Damage or Improper Use (N7)

Landlord

9328335 Canada Corp

Tenant

H.S.

Landlord rep

S. Sharma

What happened

The landlord applied to terminate the tenancy and evict the tenant due to allegations that the tenant placed an abandoned vehicle in the yard, allowed weeds/grass to grow unruly, and allowed domestic waste to pile up on the yard, which the landlord claimed was inconsistent with the use of the rental unit as a residential premises and caused or could be expected to cause serious damage.

The ruling

The landlord's application was dismissed as the allegations did not disclose a reasonable cause of action that could constitute a breach under section 63(1) of the Act.