MC v SJ and SA

Tenant wins · 2016-08-10

Dispute

Damage to Property, Substantial Interference

Amount

<$5K

Landlord

M.

Tenant

S., S.

Landlord rep

YY, SK

Tenant rep

SZ

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to wilful or negligent damage to the premises and substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord later amended the application to seek damages only.

The ruling

The application for damages was dismissed as the Landlord failed to prove the Tenants caused the damage to the elevator either wilfully or negligently.