AKELIUS CANADA LTD. v TAVARES

Landlord wins · Toronto · 2025-11-12

Adjudicator

Jane Dean

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

AKELIUS CANADA LTD.

Tenant

J.T.

Landlord rep

Anna Glendys, David (Berle) Ciobotaru

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to substantial interference with the reasonable enjoyment or lawful rights of the Landlord and other tenants. The Tenant was alleged to have frequently yelled and screamed in the rental unit, at passersby, and at staff members. Despite receiving an N5 notice, the behavior continued, including an incident where the Tenant shouted at 2:15 a.m. The Landlord also claimed compensation for use and occupation of the unit.

The ruling

The tenancy is terminated effective November 23, 2025. The Tenant is ordered to pay the Landlord a total of $4,285.76, which covers daily compensation for occupation and the application fee, minus the rent deposit and interest. If the Tenant does not vacate, the Landlord may enforce the eviction through the Sheriff on or after November 24, 2025.