Mercier v Gauthier

Landlord wins · Parry Sound · 2024-03-27

Adjudicator

Elan Shemtov

Dispute

Serious Impairment of Safety

Notice

N7 - Notice to End Tenancy Early for Impaired Safety

Amount

<$5K

Landlord

R.M.

Tenant

T.G., D.P.

Landlord rep

Kelly Draycott

What happened

Landlord applied to terminate the tenancy and evict the Tenants due to a serious incident on December 3, 2023 where a guest of the Tenants discharged a firearm in the rental unit, with the bullet passing through the ceiling and into the unit above, narrowly missing the upstairs tenant. The Landlord claimed this incident seriously impaired the safety of the other tenant.

The ruling

The Landlord has proven on a balance of probabilities that a guest of the Tenants seriously impaired the safety of another person in the residential complex by discharging a firearm in the rental unit. The Tenants must vacate the unit by April 7, 2024. If they do not, the Landlord can file the order with the Sheriff for enforcement. The Tenants must also pay the Landlord $33.70 per day in compensation starting February 13, 2024 until they move out, as well as the $186 application fee.