Stoikos v Caulier
Tenant wins · Barrie · 2025-02-06
- Adjudicator
- Jeremy Henderson
- Dispute
- Substantial Interference
- Notice
- Substantial interference (N5)
- Landlord
- P.S.
- Tenant
- J.C.
- Landlord rep
- Vickie Staples
- Tenant rep
- Tenant Duty Counsel
What happened
Landlord applied to terminate the tenancy and evict the Tenant due to allegations of substantial interference, including excessive dog droppings on the roof and noise disturbances. The Landlord served two N5 notices, but the second notice was found to be invalid.
The ruling
The Landlord's application is dismissed. The Landlord did not prove on a balance of probabilities that the Tenant was responsible for the dog feces on the roof, which was the only valid ground for termination in the first N5 notice.