Montalva v Fleisher

Landlord wins · York · 2021-11-03

Adjudicator

Anna Solomon

Dispute

Harassment, Illegal Entry, Substantial Interference

Landlord

C.F., D.B.

Tenant

N.M., M.S.

What happened

Tenants applied for an order determining that Landlords harassed, obstructed, coerced, threatened or interfered with them, entered the rental unit illegally, altered the locking system on a door giving entry to the rental unit or residential complex without giving them replacement keys and substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants or by a member of their household.

The ruling

The Tenants' application was dismissed due to lack of particulars. The Tenants were unable to provide specific dates for the alleged incidents of harassment, illegal entry, and substantial interference, even after being given multiple opportunities to do so. The hearing could not proceed in a procedurally fair manner without the necessary details from the Tenants.