Landlord's Eviction Attempt Dismissed: Boucher v Cayer Case

Dispute Summary

Landlord applied to terminate the tenancy and evict the Tenant due to allegations of serious impairment of safety and wilful damage to the rental unit or residential complex. The Landlord alleged incidents of domestic violence, marijuana smoking and growing, and damage to drywall in another unit.

Determinations

• Landlord served N7 notice on grounds of serious impairment of safety and wilful damage
• Landlord testified about domestic violence incident, marijuana use and growing, and damage to drywall
• Neighbour's declaration did not corroborate health impacts on children from marijuana smoke
• Landlord did not provide evidence of dangerous fungus or fire hazard from marijuana growing
• Landlord did not provide evidence of wilful damage to drywall
• Insufficient evidence to prove serious impairment of safety or wilful damage