RIDGEFORD CHARITABLE FOUNDATION v Andrew

Tenant wins · Scarborough · 2023-09-26

Adjudicator

Alicia Johnson

Dispute

Damage to Property, Substantial Interference

Notice

N5

Amount

<$5K

Landlord

R.C.F.

Tenant

M.A., M.W.

Landlord rep

Debbesha Morris

What happened

The landlord applied to terminate the tenancy and evict the tenants due to allegations that the tenants wilfully or negligently caused damage to the residential complex elevator, resulting in the dispatch of Emergency Medical Services (EMS), and that their actions substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the landlord or other tenants.

The ruling

The landlord's application is dismissed. The landlord did not prove on a balance of probabilities that the tenants wilfully or negligently caused damage to the elevator or substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the landlord or other tenants.