Wu v 189 Cedarvale Avenue Residences Ltd.
Landlord wins · York · 2025-09-10
- Adjudicator
- Karen Gonçalves
- Dispute
- Substantial Interference, Tenant Rights
- Notice
- Tenant rights (T2)
- Landlord
- 189 Cedarvale Avenue Residences Ltd.
- Tenant
- S.W.
What happened
Tenant applied for an order determining that the Landlord substantially interfered with her reasonable enjoyment due to cigarette and marijuana smoke from neighbors and noise from an upstairs tenant. The Tenant claimed the smoke was present on weekends and eventually daily, affecting her health. However, the Tenant failed to follow a previous interim order to amend the application and provide specific disclosure. During the hearing, the Tenant provided medical notes but lacked witness testimony or documentary evidence of her complaints to the Landlord.
The ruling
The Tenant's application for substantial interference was dismissed. The Member found that the Tenant did not provide sufficient evidence, such as witness testimony or written communications, to prove that the Landlord failed to address her complaints regarding smoke and noise on a balance of probabilities.