Benjamin and Schoenberg v FD Squared Inc.

Split/Other wins · Hamilton · 2024-11-04

Adjudicator

James Campbell

Dispute

Harassment, Substantial Interference

Amount

<$5K

Landlord

FD Squared Inc.

Tenant

T.B., M.S.

Landlord rep

Francisco Gomez

What happened

The tenants, Tina Benjamin and Michael Schoenberg, applied for an order determining that the landlord, FD Squared Inc., substantially interfered with their reasonable enjoyment of the rental unit or residential complex, and harassed, obstructed, coerced, threatened or interfered with them. The landlord's L2 application based on an N5 notice was also heard at the same hearing.

The ruling

The order resolves all issues in relation to the tenant's T2 application and the landlord's L2 application. The key terms of the order include: the landlord shall move the video camera in the backyard, the upstairs and downstairs tenants shall treat each other with mutual respect, the downstairs tenant can place her bins at the side of the house and shall not impede the tenant's access to the backyard, the landlord shall pay $55 towards the cost of a damaged screen and the tenant shall pay $70, and the landlord shall repair the screen within 30 days. If the tenant fails to comply with the conditions, the landlord may apply under section 78 of the Residential Tenancies Act, 2006 for an order terminating the tenancy and evicting the tenant.