Arseneault v. Dogra

Landlord wins · 2023-01-31

Adjudicator

Kurz J.

Dispute

Non-payment of Rent, Substantial Interference

Notice

N5

Landlord

K.D.

Tenant

P.A., A.A.

Landlord rep

Michael K.F. Thiele

What happened

The Landlord sought to terminate the tenancy and evict the Tenants due to substantial interference with the Landlord's reasonable enjoyment of the residential complex. The Tenants appealed the Landlord and Tenant Board's order terminating the tenancy and ordering eviction. The Divisional Court dismissed the appeal, finding that the Board's decision was based on the Tenant's pattern of conduct, including refusing entry for property sale preparation, threatening behavior, and failure to remediate the conduct within the notice period.

The ruling

The Divisional Court dismissed the Tenants' appeal of the Landlord and Tenant Board's order terminating the tenancy and ordering eviction. The court found that the Board's decision was based on the Tenant's pattern of conduct, which substantially interfered with the Landlord's reasonable enjoyment. The court upheld the Board's order and allowed the Sheriff to enforce the eviction order.