White v Palneau Brown

Landlord wins · Oshawa · 2022-08-24

Adjudicator

Nancy Morris

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

K.W.

Tenant

M.P.B.

Tenant rep

D. Rieger

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord's application was dismissed in order TEL-19078-21 issued on February 2, 2022. The Landlord requested a review of the order, alleging serious errors.

The ruling

The Landlord's request for review is granted. The Landlord's application will be heard de novo on three narrow issues from the second N5 notice: the Tenant's placement of garbage, unauthorized digging, and unauthorized parking. Order TEL-19078-21 issued on February 2, 2022 continues to be stayed until further order.