Gauthier v Graham

Tenant wins · Wallaceburg · 2025-10-10

Adjudicator

Mark Melchers

Dispute

Illegal Act

Notice

Illegal act (N6)

Landlord

R.G., C.G.

Tenant

D.G.

What happened

The Landlords applied to terminate the tenancy and evict the Tenant based on an N6 notice alleging that the Tenant or their guest committed an illegal act involving drug trafficking. However, the factual allegations provided in the notice only cited the presence of guests at the unit for short durations on a specific date. The Board found the notice failed to describe an illegal act and dismissed the application.

The ruling

The Landlords' application for eviction based on illegal drug activity was dismissed. The Board ruled that the N6 notice was insufficient because the evidence cited (the presence of guests for a few minutes) did not constitute an illegal act. The Board found the application lacked a reasonable cause of action.