Fiorelli v. Walton Holdings Inc.

Tenant wins · 2020-09-16

Adjudicator

D.A. Broad

Dispute

Right Of Entry, Substantial Interference

Landlord

Walton Holdings Inc.

Tenant

A.A.F.

Landlord rep

Peter Miller

Tenant rep

A. Oye-Adeniran, C. Sa'D

What happened

Tenant appealed LTB decision terminating tenancy due to substantial interference with other tenants' enjoyment and landlord's right of entry. Tenant installed video cameras in common areas without consent and refused landlord entry to unit.

The ruling

The Divisional Court allowed the tenant's motion to set aside the administrative dismissal of his appeal of the LTB's eviction order. The court found the tenant had an arguable case that the LTB erred in law when applying the test for substantial interference. The landlord's motion for security for costs was dismissed.