M.R. v. D.E.

Landlord wins · 2016-03-04

Adjudicator

L. A. Pattillo J.

Dispute

Substantial Interference

Landlord

D.

Tenant

M.

Landlord rep

Timothy Duggan

What happened

Landlord applied to terminate tenancy due to tenant's dog causing substantial interference with landlord's reasonable enjoyment by triggering severe asthma symptoms. Tenant appealed LTB's decision to terminate tenancy to Divisional Court.

The ruling

The Divisional Court dismissed the tenant's appeal of the LTB's decision to terminate the tenancy. The court found that the LTB's decision was reasonable and supported by evidence that the tenant's dog caused or contributed to the landlord's severe allergic reaction. The court ordered the tenant to vacate the apartment by March 31, 2016.