Boots v Akinbiyi

Landlord wins · Brantford · 2025-03-21

Adjudicator

Jane Dean

Dispute

Harassment, Substantial Interference

Notice

N5

Landlord

T.A.

Tenant

J.B.

Landlord rep

Jessie Rowe

Tenant rep

Frank Feldman, Hayley Mugford

What happened

Tenant applied for an order determining that the Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household, and harassed, obstructed, coerced, threatened or interfered with the Tenant.

The ruling

The Tenant's application is dismissed. The Board found that the Tenant did not vacate the rental unit pursuant to an N12 notice, but rather due to an enforceable Board order. The Board also found that the Landlord's actions, such as posting the N5 notice on the door and providing the door code to MLS agents, did not constitute harassment or substantial interference. The Board determined that some of the Tenant's claims were barred by the principle of issue estoppel due to the previous Board order.