Dawson Properties v Ambridge

Tenant wins · Thunder Bay · 2022-02-03

Adjudicator

Sonia Anwar-Ali

Dispute

Substantial interference

Notice

Substantial interference (N5)

Landlord

Dawson Properties

Tenant

K.A.

Landlord rep

Elizabeth Hewitson

What happened

Landlord applied to terminate tenancy and evict Tenant due to alleged substantial interference with reasonable enjoyment or lawful right of Landlord or other tenants. Application was based on a second N5 notice served after a previous N5 notice. Landlord's application was dismissed due to insufficient reliable evidence.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant was dismissed. The Board found that the Landlord failed to provide sufficient reliable evidence to establish that the Tenant substantially interfered with the reasonable enjoyment or lawful rights of the Landlord or other tenants. The evidence presented was based entirely on hearsay from other tenants, which was deemed unreliable in these circumstances.