Smith v Lehan

Split/Other wins · St Catharines · 2021-03-09

Adjudicator

Camille Tancioco

Dispute

Substantial Interference

Landlord

T.L.

Tenant

D.S.

What happened

Tenant applied for an order determining that Landlord, Landlord's superintendent, or Landlord's agent 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. The parties were seeking a consent order allowing the Tenant to keep farming equipment on the side of the house, despite instructions from the municipality to remove it.

The ruling

The Tenant's application is dismissed. The LTB finds it would be inappropriate to grant the requested consent order, as the LTB does not have the authority to bind the municipality or weigh in on bylaw enforcement.