PIZZACALLA v BETHLEHEM HOUSING AND SUPPORT SERVICES
Landlord wins · St Catharines · 2025-10-07
- Adjudicator
- Carrie Bertrand
- Dispute
- Harassment, Tenant Rights
- Landlord
- BETHLEHEM HOUSING AND SUPPORT SERVICES
- Tenant
- R.P.
- Landlord rep
- Judith Callender
What happened
The Tenant filed a T2 application alleging the Landlord entered the rental unit illegally and harassed him. The Tenant specifically challenged notices of entry for pest control and fire inspections, arguing they did not comply with statutory requirements because they provided specific time windows (e.g., 9 a.m. to 1 p.m.) rather than the full 8 a.m. to 8 p.m. range. The Landlord argued that many of these issues had already been resolved via a prior consent order and subsequent eviction proceedings. The Member determined that most issues were already litigated and that the remaining harassment claim regarding a December 2023 notice was unfounded, as the Landlord's notice actually exceeded statutory requirements and provided more specificity than required by law.
The ruling
The Tenant's application was dismissed in its entirety. The Board found that the Landlord's notices of entry were lawful and did not constitute harassment. The Tenant had already been legally evicted on August 30, 2024, following a breach of a prior consent order, and the current application was found to be an attempt to relitigate previously decided matters.