Foertier and Larromana v 2482705 Ontario Inc. and Maxima Holdings Corporation

Landlord wins · Niagara-on-the-Lake · 2022-01-10

Adjudicator

John Tzanis

Dispute

Substantial interference

Landlord

2482705 Ontario Inc., D.E., Maxima Holdings Corporation

Tenant

M.L., S.F.

What happened

Tenants applied for an order determining that the Landlords substantially interfered with the reasonable enjoyment of the rental unit by the Tenants or by a member of their household. The Tenants claimed that for the last 3 years, an adjacent cottage has had tenants who have been smoking marijuana outside, which has substantially interfered with the reasonable enjoyment of their rental unit.

The ruling

The Tenant's application is dismissed. The Landlords did not substantially interfere with the reasonable enjoyment of the rental unit or residential complex by the Tenants or by a member of their household.