Canadian Mental Health Association v Esther Moore

Landlord wins · Whitby · 2021-11-10

Adjudicator

Renée Lang

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference and damage (N5)

Amount

<$5K

Landlord

C.M.H.A.

Tenant

E.M.

Landlord rep

F. Nobile, C. Aylwin

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant causing a fire on the balcony that resulted in damage, and for substantially interfering with the Landlord's reasonable enjoyment.

The ruling

The Tenant is ordered to pay the Landlord $500 for the cost of repairing the damage caused by the fire, and $190 for the cost of filing the application. The Tenant is to make monthly payments of $100 from December 2021 to May 2022, and a final payment of $90 in June 2022. If the full amount is not paid by June 1, 2022, the Tenant will owe simple interest at 2% annually on the outstanding balance.