Batko v Smith

Tenant wins · Hamilton · 2025-10-03

Adjudicator

Susan Priest

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference (N5)

Landlord

Z.B., M.I.T.C.

Tenant

A.S.

What happened

The Landlords applied to terminate the tenancy and evict the Tenant, alleging substantial interference with reasonable enjoyment and willful or negligent damage. The Landlords claimed the Tenant's heavy marijuana planter boxes caused structural roof damage and leaks, and that the Tenant hosted loud parties and behaved aggressively. The Tenant argued the application was retaliatory following a successful maintenance order he obtained against the Landlords.

The ruling

The Landlords' application to terminate the tenancy and for compensation for damages is dismissed. The Landlords failed to meet the burden of proof required to show that the Tenant did not void the N5 notice or that the alleged property damage was caused by the Tenant's negligence or willful acts.