New Hope Non-Profit Dwellings (Durham) Inc. v Ogden

Split/Other wins · Oshawa · 2025-11-12

Adjudicator

Nicole Pedron

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

New Hope Non-Profit Dwellings (Durham) Inc.

Tenant

K.O.

Landlord rep

Leo Corsetti

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant based on substantial interference with reasonable enjoyment. Allegations included excessive noise, dog urination on the balcony affecting units below, and unauthorized car repairs. The Landlord also amended the application to seek compensation for out-of-pocket expenses related to a false fire alarm caused by the Tenant's guests and the Tenant tampering with her unit's fire alarm system. The Tenant did not attend the hearing.

The ruling

The Landlord's application to evict the Tenant was dismissed because the Tenant successfully voided the N5 notice by correcting the behavior within seven days. However, the Landlord was awarded $2,781.05 in compensation and costs. This amount covers a $1,967.90 fire department charge for a false alarm triggered by the Tenant's guests, $627.15 for repairing a tampered fire alarm wire in the unit, and the $186.00 filing fee.