Evictly

Soni v Woods

Landlord wins · Toronto · 2024-10-01

Adjudicator
Brett Lockwood
Dispute
Serious Allergic Reaction, Substantial Interference
Notice
N5 Notice of Termination
Amount
<$5K
Landlord
A.S.
Tenant
S.W.
Landlord rep
Francisco Gomez
Tenant rep
Graeme Oddy

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's dog substantially interfering with the Landlord's reasonable enjoyment of the property and causing the Landlord to suffer a serious allergic reaction.

The ruling

The Landlord partially proved the grounds for termination due to the Tenant's dog substantially interfering with the Landlord's reasonable enjoyment and causing a serious allergic reaction. However, the most appropriate remedy is a conditional order preserving the tenancy if the Tenant removes the dog by October 31, 2024 and does not bring any dog onto the property thereafter. If the Tenant fails to comply, the Landlord may apply to terminate the tenancy and evict the Tenant.