Paul v Rose

Tenant wins · St. Catharines · 2021-06-08

Adjudicator

Greg Joy

Dispute

Substantial Interference

Landlord

T.P.

Tenant

K.R.

Landlord rep

Marshall Yarmus

Tenant rep

Peter Janowski

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to substantial interference with the Landlord's reasonable enjoyment or lawful right, privilege or interest in the residential complex. The Landlord complained about noise, parking, and heat issues.

The ruling

The Landlord's application was dismissed. The Tenant had exclusive use of the parking area, and the noise issues were due to lack of soundproofing between the units rather than the Tenant causing excessive noise.