Tucci v Shah

Landlord wins · Markham · 2025-05-28

Adjudicator

Madeline Ntoukas

Dispute

Substantial Interference

Landlord

S.S.

Tenant

T.T.

Landlord rep

Francisco Gomez

What happened

The Tenant filed a T2 application alleging the Landlord substantially interfered with his reasonable enjoyment of the unit. The Tenant claimed the Landlord trained aggressive pigeons to defecate on his balcony, making it unusable from 2018 to February 2024. The Tenant sought a rent abatement of $31,500. The application was ultimately dismissed due to lack of evidence.

The ruling

The Tenant's application, which alleged substantial interference by the Landlord due to pigeons on his balcony, was dismissed. The adjudicator concluded that the Tenant failed to provide sufficient evidence to substantiate his claims on a balance of probabilities. The Tenant's request to amend his claim for a significantly larger rent abatement during the hearing was denied. Additionally, his late-hearing allegation of bias against the adjudicator was deemed to be without merit.