Matrix Non-Profit Housing Corporation v Janzen

Tenant wins · Guelph · 2025-09-12

Adjudicator

Jagger Benham

Dispute

Breach of Conditions, Substantial Interference

Notice

Substantial interference (N5)

Landlord

M.N.H.C.

Tenant

K.J.

Landlord rep

Sara Murtadha, Joel Liverpool

What happened

The Landlord applied for termination and eviction based on an alleged breach of a mediated settlement. The Landlord claimed the Tenant caused disturbances, including verbal assaults on other residents and property damage (slamming a bike). An ex-parte order was initially issued in favour of the Landlord. The Tenant filed a motion to set aside this order, leading to a hearing where the credibility of witnesses and the nature of the alleged disturbances were examined.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Board found that the Tenant did not breach the conditions of the previous order or mediated settlement. The evidence provided by the Landlord's witnesses was either inconsistent or failed to describe behavior that reached the threshold of a disturbance.