Liu and Yu v Jacques and Armstrong

Landlord wins · Toronto · 2021-11-10

Adjudicator

Ian Speers

Dispute

Substantial Interference

Notice

N5 (Substantial interference)

Amount

<$5K

Landlord

K.L., F.Y.

Tenant

A.J., J.A.

Landlord rep

Farrah Yu

Tenant rep

Amber Jacques, James Armstrong

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlords or another tenant. The application was based on an N5 notice served on May 29, 2021 alleging that the Tenants' dog was causing allergic reactions in another tenant.

The ruling

The Landlord's application is granted. The Tenants are ordered to remove the dog from the rental unit by January 15, 2022 and not keep a dog in the unit as long as the basement tenant Lilly Ho remains a tenant. If the Tenants breach this order, the Landlord may apply for an order terminating the tenancy and evicting the Tenants. The Tenants are also ordered to pay the Landlord $186 for the application filing fee.