Lakeshore Realty Ltd. v Tanzola

Tenant wins · Etobicoke · 2022-01-26

Adjudicator

Sonia Anwar-Ali

Dispute

Substantial interference

Notice

Substantial interference (N5)

Landlord

Lakeshore Realty Ltd.

Tenant

N.N., A.T.

Landlord rep

George Margie

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with reasonable enjoyment or lawful rights of the Landlord or other tenants. The application was based on a second N5 notice, which was found to be invalid due to an improperly served first N5 notice.

The ruling

The Landlord's application for termination of tenancy and eviction was dismissed. The Board found that the first N5 notice of termination was invalid due to lack of specific details about the alleged incidents. Consequently, the second N5 notice, which was the basis for the L2 application, was deemed defective. The Landlord failed to provide sufficient particulars in the notices as required by law.