POPLAR PLAINS INVESTMENTS C/O BRIARLANE PROPERTY MANAGEMENT INC v Eurke

Landlord wins · Toronto · 2023-02-15

Adjudicator

Heather Chapple

Dispute

Substantial interference with reasonable enjoyment

Notice

Substantial interference with reasonable enjoyment (N5)

Amount

<$5K

Landlord

POPLAR PLAINS INVESTMENTS C/O BRIARLANE PROPERTY MANAGEMENT INC

Tenant

D.W., F.E.

Landlord rep

Bryan Rubin

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was based on a N5 notice served on February 24, 2022, citing excessive noise and disruptive behavior.

The ruling

The Landlord's application for eviction is denied, subject to conditions. The Tenant must not engage in the behaviors outlined in the N5 notice for 12 months starting February 16, 2023. The Tenant must pay $186.00 for the application filing cost. If the Tenant breaches the conditions, the Landlord may apply for termination within 30 days of the breach.