North Avenue Road Corporation v. Travares

Landlord wins · 2015-11-20

Adjudicator

Molloy J.

Dispute

Substantial Interference

Landlord

N.A.R.C.

Tenant

T.T.

Landlord rep

Martin Zarnett

Tenant rep

Scott McGrath

What happened

The landlord sought to terminate the tenancy of the tenant due to substantial interference with reasonable enjoyment caused by cigarette smoke. The Landlord and Tenant Board dismissed the application, and the landlord appealed to the Divisional Court.

The ruling

The Divisional Court allowed the appeal and remitted the matter back to be heard before a differently constituted Landlord and Tenant Board. The court found that the Board erred in law by failing to consider the landlord's responsibilities under section 20 of the Residential Tenancies Act and by incorrectly applying the mootness doctrine.