East Briar Towers Limited v Pamarang

Tenant wins · Toronto · 2022-02-07

Adjudicator

Randy Aulbrook

Dispute

Substantial interference

Notice

Tenant rights (T2)

Landlord

East Briar Towers Limited c/o Brialane Rental Property Management Inc.

Tenant

M.P.

Landlord rep

David Ciobotaru

What happened

Landlord applied to terminate tenancy and evict Tenant due to alleged substantial interference with reasonable enjoyment or lawful rights of Landlord or other tenants. The application was based on two N5 notices for noise complaints.

The ruling

The Landlord's application to end the tenancy and evict the Tenant is dismissed without prejudice. The Landlord failed to provide sufficiently clear, convincing, and cogent evidence to satisfy the balance of probabilities test required for termination of tenancy.