Cityhousing Hamilton Corporation v Lamothe

Split/Other wins · Hamilton · 2021-01-15

Adjudicator

Harry Cho

Dispute

Substantial Interference

Landlord

C.H.C.

Tenant

P.L.

Landlord rep

S. Di Battista

Tenant rep

S. Cox

What happened

The landlord applied for an order to terminate the tenancy and evict the tenant due to substantial interference with the reasonable enjoyment of the residential complex by the landlord or another tenant, or substantial interference with a lawful right, privilege or interest of the landlord or another tenant. The application was resolved by an order issued on December 30, 2019. The tenant requested a review of the order, which was heard on November 24, 2020.

The ruling

The parties consented to an order that includes provisions for communication between the landlord and tenant, notice requirements for landlord entry, the tenant's undertaking to mitigate inappropriate language, the tenant's engagement with supports, and restrictions on the tenant's conduct.