Bom v Bourgeois

Split/Other wins · Sudbury · 2025-06-12

Adjudicator

Alicia Johnson

Dispute

Damage to Property, Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Substantial interference (N5)

Amount

<$5K

Landlord

A.B.

Tenant

K.B.

What happened

The Landlord applied to evict the Tenant for rent arrears and substantial interference, and for compensation for damages. An initial order was issued without a hearing as the Landlord did not attend, having not received the notice. The Landlord's request for a review was granted. At the review hearing, the Tenant was absent. The Board upheld the application for rent arrears (L1) but dismissed the application for substantial interference (L2) due to insufficient evidence regarding noise and a barking dog. The Board awarded the Landlord partial compensation for a damaged door.

The ruling

The Landlord's request to review a previous order is granted. The tenancy is terminated for non-payment of rent, but the Tenant can void the eviction by paying $6,344.00 by June 23, 2025. If the tenancy is terminated, the Tenant must pay the Landlord $2,884.99 plus daily compensation. The Landlord's application to evict for substantial interference was dismissed. The Tenant is also ordered to pay the Landlord $200.00 for damages, due by June 23, 2025.