Charban v Richardson

Tenant wins · Thunder Bay · 2025-12-09

Adjudicator

Anthony Bruno

Dispute

Substantial Interference

Landlord

K.C.

Tenant

S.R.

Tenant rep

Matthew Jolineau

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant, alleging that the Tenant substantially interfered with her reasonable enjoyment and lawful rights. The primary incident involved the Tenant entering the basement area of the building, where the Landlord resides, without permission and allegedly pushing past her. The Landlord also alleged online harassment and interpersonal disputes. The adjudicator found that the parties had a prior personal relationship where the Tenant frequently accessed the basement for laundry, storage, and gaming. Because the Landlord failed to clearly communicate that this permission had been revoked, the adjudicator determined the incident was a misunderstanding arising from a personal relationship breakdown rather than tenancy-related misconduct.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Board determined that the Landlord failed to provide sufficient evidence of substantial interference. The alleged unauthorized entry was deemed a misunderstanding rooted in a deteriorating personal relationship and a lack of clear communication regarding the revocation of the Tenant's access to shared areas.