Evictly

Watt v Cowan

Landlord wins · Newmarket · 2025-06-26

Adjudicator
John Cashmore
Dispute
Maintenance, Substantial Interference
Landlord
V.C., 1969514 Ontario Ltd
Tenant
D.W.
Landlord rep
Ross Ferrier, Carrie Aylwin
Tenant rep
Robin Storry

What happened

A Tenant filed a T2 application for substantial interference and harassment and a T6 application for various maintenance issues. An original order was issued, which the Landlord successfully requested a review of. This review order dismisses both of the Tenant's applications de novo. The T2 application was dismissed for lack of specific details, which was deemed procedurally unfair to the Landlords. The T6 application was dismissed because the Adjudicator found the Tenant's testimony to be not credible, evasive, and exaggerated, and noted a lack of current evidence to support the ongoing maintenance claims.

The ruling

The previous order LTB-T066327-22 & LTB-T-071142-22 from August 21, 2024, is cancelled and replaced by this order. The Tenant's T2 application (for harassment/interference) and T6 application (for maintenance) are both dismissed. The dismissal was based on the T2 application's lack of specific details and the T6 application's failure due to the Tenant's non-credible testimony and lack of current evidence.