Quadera Limited v Hamilton
Split/Other wins · Thunder Bay · 2024-08-27
- Adjudicator
- Mark Melchers
- Dispute
- Substantial Interference
- Notice
- Substantial interference (N5)
- Landlord
- Quadera Limited
- Tenant
- C.H.
- Landlord rep
- Sheri Taddeo
- Tenant rep
- Matthew Jollineau
What happened
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant and her guest substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord alleged the Tenant and her guest were yelling, crying, screaming, swearing, fighting, and smashing things in the unit, and smoking inside the rental unit contrary to the tenancy agreement.
The ruling
The Landlord has proven some of the grounds for termination of the tenancy, but it is not unfair in the circumstances to grant relief from eviction, on conditions. The Tenant shall not smoke any substance, including tobacco, in the rental unit, and shall not permit any of her guests or occupants to do so, for a period of 12 months beginning on August 28, 2024. If the Tenant fails to comply with this condition, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.