M.S. v C.I.C.

Landlord wins · 2014-10-22

Dispute

Substantial Interference

Landlord

C.

Tenant

M.

Landlord rep

M.Z.

What happened

Tenant applied for an order determining that Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of the Tenant's household due to noise from the neighbour's air conditioning unit.

The ruling

The Tenant's application is dismissed. The Landlord cannot be found to be in breach of the Act as the Tenant has not established that his neighbour has been substantially interfering with his reasonable enjoyment of the unit.