Draper v Ehler

Tenant wins · North Bay · 2022-02-03

Adjudicator

Dana Wren

Dispute

Illegal Act, Substantial Interference

Notice

Illegal act (N6), Substantial interference (N5)

Landlord

A.D.

Tenant

C.E.

What happened

Landlord filed applications to terminate tenancy and evict Tenant due to alleged illegal acts (drug use) and substantial interference with reasonable enjoyment. Landlord served N6 and N5 notices. Tenant did not attend the hearing.

The ruling

The Landlord's application is dismissed. The Board found insufficient evidence to support the allegations of illegal acts or substantial interference with reasonable enjoyment. The Landlord failed to prove the claims in both the N6 and N5 notices on a balance of probabilities.