Wood v Gamache

Split/Other wins · Niagara Falls · 2025-07-18

Adjudicator

Jagger Benham

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference (N5)

Amount

$10-20K

Landlord

A.W.

Tenant

A.G.

Landlord rep

Jack Eskens, Taylor Packwood

What happened

The Landlord applied to terminate the tenancy because the Tenant substantially interfered with the reasonable enjoyment or lawful rights of the Landlord and allegedly caused damage. The primary issue involved an extreme accumulation of garbage and a severe smell of cat feces and urine that permeated the building and the Landlord's office. This was a de novo hearing following a successful review request by the Tenant of a previous eviction order.

The ruling

The tenancy is allowed to continue on a conditional basis. The Tenant must clean the unit and eliminate all smells of cat feces and urine by August 12, 2025. If the Tenant fails to comply, the Landlord may apply for an ex parte eviction order. The Tenant is also ordered to pay the Landlord $13,948.26 (representing use and occupation compensation plus the filing fee, less the deposit), noting that the Tenant was up to date on payments as of the hearing.