CAPREIT LIMITED PARTNERSHIP v Young

Landlord wins · Toronto · 2024-09-13

Adjudicator

Ender Joseph

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

CAPREIT LIMITED PARTNERSHIP

Tenant

I.Y., T.Y.

Landlord rep

Geoff Paine

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment of the residential complex by the Landlord or another Tenant. The Landlord served two N5 notices alleging excessive noise from the Tenants' unit, which the Tenants initially voided but then the Landlord served a second non-voidable N5 notice.

The ruling

The Landlord's application is granted in part. The tenancy will continue if the Tenants comply with the conditions set out in the order, which prohibit excessive noise in the rental unit. If the Tenants fail to comply, the Landlord may apply to terminate the tenancy. The Tenants are ordered to pay the Landlord $1,112.24, which includes compensation for use of the unit and the application filing fee.