O/A Town Homes at Arrowdale v Corbett
Tenant wins · Brantford · 2025-07-31
- Adjudicator
- Jeremy Henderson
- Dispute
- Substantial Interference
- Notice
- Substantial interference (N5)
- Landlord
- 2247211 Ontario Limited o/a Town Homes at Arrowdale
- Tenant
- S.C.
- Landlord rep
- John Ratelle
- Tenant rep
- Joel Yinger
What happened
The Landlord applied to terminate the tenancy and evict the Tenant based on allegations that an occupant (the Tenant's son) substantially interfered with the enjoyment and rights of the Landlord and other tenants. Allegations included threatening another tenant, propping open fire doors, and smoking in common hallways. However, the Landlord failed to provide sufficient evidence, such as witness testimony or video footage, to substantiate these claims. Additionally, it was revealed that the Landlord had locked the Tenant out of the unit for nearly a year following an electrical fire without providing a key or performing repairs.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Landlord failed to prove the allegations of substantial interference. The Adjudicator noted significant concerns regarding the Landlord's agent's credibility, specifically for withholding information about an electrical fire that led to the Landlord locking the Tenant out of the unit for nearly a year.