Synercapital Asset Management Inc. v Fleming

Tenant wins · Windsor · 2022-03-03

Adjudicator

John Tzanis

Dispute

Demolition, Substantial interference

Notice

N13, N5

Amount

<$5K

Landlord

Synercapital Asset Management Inc.

Tenant

R.F.

Landlord rep

Kira Passell

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to substantial interference and the Landlord's intention to demolish the rental unit. The Landlord withdrew the portion of the application related to the N5 notice, and the hearing proceeded on the merits of the L2 application as it related to the N13 notice.

The ruling

The Landlord's L2 application is dismissed as the Landlord's intended actions do not constitute demolition under the Residential Tenancies Act. The Tenant is ordered to return the $1,560 compensation paid by the Landlord on or before March 14, 2022, with interest accruing at 2% annually if the Tenant fails to comply.