Last updated: July 22, 2024
Ordered by Jagger Benham,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$186
to Landlord
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Citation: Cheng v Seto, 2022 ONLTB 1003
File Number: LTB-L-000395-22
Application Date
Jan 2022
Hearing Date
Jun 2022
Order Date
Jul 13, 2022
The Tribunal found that the Tenant's conduct of smoking cannabis in the rental unit substantially interfered with the reasonable enjoyment of the upstairs tenant. However, the Tribunal granted relief from eviction and ordered the Tenant to refrain from smoking cannabis on the property. The Tenant was also ordered to pay the Landlord's application filing fee of $186.
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord served multiple N5 notices on the Tenant for smoking cannabis in the rental unit, which caused the upstairs tenant to experience migraine headaches.
Tenant took issue with the upstairs tenant (Landlord's ex-husband) being a witness on behalf of the Landlord, as he is a co-owner of the building.
Tenant admitted to smoking cannabis in the unit previously, but claimed to smoke off the property. Tenant denied smoking on December 26, 2021.
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Application Fee
$186
Ordered Amount
$186 (to Landlord)
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