TBDSSAB Housing Programs v Bearman

Tenant wins · Thunder Bay · 2025-10-09

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions, Substantial Interference

Landlord

T.H.P.

Tenant

J.B.

Landlord rep

Jennifer Fenton, Jamie Petrin

Tenant rep

Matthew Jolineaux

What happened

The Landlord applied to terminate the tenancy under Section 78, alleging the Tenant breached a previous order's safety and damage conditions. Specifically, the Landlord claimed a guest permitted by the Tenant discharged bear mace in the hallway. The Tenant argued the individual was not a permitted guest but an uninvited person who entered via a security bypass and was forcibly removed by the Tenant shortly after entering her unit.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant for breach of a previous order's conditions is dismissed. The Board found that the Tenant did not permit the individual who discharged bear mace into the residential complex, as she actively expelled the uninvited person from her unit.