Benetatos v Guizzo

Tenant wins · Toronto · 2025-07-29

Adjudicator

Jeremy Henderson

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

C.B.

Tenant

M.A.G.

Landlord rep

Angela Benetatos

What happened

The Landlord applied to terminate the tenancy alleging that the Tenant's smoking substantially interfered with the reasonable enjoyment of another resident. The Landlord relied on written complaints from a third party but did not provide direct testimony or evidence. The Tenant admitted to smoking but argued it had been a practice for the duration of her 18-year tenancy with the Landlord's knowledge.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant due to substantial interference (smoking) is dismissed. The Landlord failed to provide sufficient direct evidence to prove that the smoking caused a substantial interference, and the Board declined to make a ruling on declaratory relief regarding smoking permissions.