CAPREIT LIMITED PARTNERSHIP v AWAZI

Tenant wins · Toronto · 2025-11-17

Adjudicator

Dale Whitmore

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference (N5)

Landlord

CAPREIT LIMITED PARTNERSHIP

Tenant

J.M.Y.A.

Landlord rep

Geoff Paine

Tenant rep

Justin Yamba

What happened

The Landlord applied to terminate the tenancy and evict the Tenant based on two grounds: substantial interference with reasonable enjoyment and wilful or negligent damage to the premises. The Landlord alleged that an occupant (the Tenant's son) and his guests were drinking alcohol in the building lobby, and one of the guests broke a lobby window by punching it. The Tenant argued that the individual who broke the window was not his guest and that the drinking conduct had ceased after receiving the notice.

The ruling

The Landlord's application to terminate the tenancy and for compensation for damages is dismissed. Although an occupant's guest damaged a lobby window and the occupant drank alcohol in the lobby, the Tenant is not held liable for the guest's actions under the current wording of the RTA, and the interference notice was voided as the behavior stopped.