Corp v Kimbell
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Corp v Kimbell, LTB-L-092388-25
File Number: LTB-L-092388-25
Timeline
Hearing Date
Feb 2026
Order Date
May 7, 2026
Decision
The Landlord's application for termination was granted, but relief from eviction was provided. The tenancy continues subject to conditions regarding the Tenant's conduct and smoking, and the Tenant is ordered to pay the application filing fee.
Reason for Eviction Relief
The Adjudicator accepted that the Tenant is making efforts to change her behavior and that the primary source of the disturbances (the former boyfriend) is no longer involved.
Dispute
The Landlord applied to terminate the tenancy due to the Tenant's and her guests' substantial interference with the reasonable enjoyment of the residential complex and damage to the premises, citing incidents of noise, yelling, and smoking. The Landlord requested eviction, while the Tenant requested a conditional order to preserve the tenancy.
Determinations
- The Landlord proved the grounds for termination under the Act.
- The Adjudicator exercised discretion to grant relief from eviction.
- The tenancy shall continue on the condition that the Tenant avoids specific behaviors and smoking.
Landlord's Arguments
Arguments
The Landlord argued for termination due to substantial interference.
Actions and Evidence
The Landlord provided evidence of multiple complaints from other residents regarding noise, smoking, and police presence associated with the Tenant and her guests.
Considerations
Tenant's Arguments
Arguments
The Tenant requested a conditional order to preserve her tenancy, citing her efforts to improve her living situation.
Actions and Evidence
The Tenant admitted to disturbances but attributed them to her former boyfriend, claiming she is now living quietly.
Considerations
Similar Cases
Click to switch between order outcomes
Old Oak Properties Inc. v Last
The Landlord established substantial interference due to excessive communications, but relief from eviction was granted allowing the tenancy to continue on conditions.
The LTB granted a conditional tenancy order allowing relief from eviction after finding that the Tenants substantially interfered with the Landlord's rights by parking on the lawn, subject to strict conditions and payment of filing costs.
McFarland v Smith
The LTB dismissed claims for substantial interference and overcrowding, noted rent arrears were paid, found persistent late payment, and granted relief from eviction subject to conditions.
Windsor Essex Community Housing Corporation v Shat
An LTB order conditionally dismissed an eviction application for substantial interference due to excessive emails, requiring the tenant to use formal complaint procedures and pay filing costs.
Old Oak Properties Inc. v Last
The Landlord established substantial interference due to excessive communications, but relief from eviction was granted allowing the tenancy to continue on conditions.
The LTB granted a conditional tenancy order allowing relief from eviction after finding that the Tenants substantially interfered with the Landlord's rights by parking on the lawn, subject to strict conditions and payment of filing costs.
McFarland v Smith
The LTB dismissed claims for substantial interference and overcrowding, noted rent arrears were paid, found persistent late payment, and granted relief from eviction subject to conditions.
Windsor Essex Community Housing Corporation v Shat
An LTB order conditionally dismissed an eviction application for substantial interference due to excessive emails, requiring the tenant to use formal complaint procedures and pay filing costs.
Old Oak Properties Inc. v Last
The Landlord established substantial interference due to excessive communications, but relief from eviction was granted allowing the tenancy to continue on conditions.
The LTB granted a conditional tenancy order allowing relief from eviction after finding that the Tenants substantially interfered with the Landlord's rights by parking on the lawn, subject to strict conditions and payment of filing costs.
McFarland v Smith
The LTB dismissed claims for substantial interference and overcrowding, noted rent arrears were paid, found persistent late payment, and granted relief from eviction subject to conditions.
Windsor Essex Community Housing Corporation v Shat
An LTB order conditionally dismissed an eviction application for substantial interference due to excessive emails, requiring the tenant to use formal complaint procedures and pay filing costs.
Old Oak Properties Inc. v Last
The Landlord established substantial interference due to excessive communications, but relief from eviction was granted allowing the tenancy to continue on conditions.
The LTB granted a conditional tenancy order allowing relief from eviction after finding that the Tenants substantially interfered with the Landlord's rights by parking on the lawn, subject to strict conditions and payment of filing costs.
McFarland v Smith
The LTB dismissed claims for substantial interference and overcrowding, noted rent arrears were paid, found persistent late payment, and granted relief from eviction subject to conditions.
Windsor Essex Community Housing Corporation v Shat
An LTB order conditionally dismissed an eviction application for substantial interference due to excessive emails, requiring the tenant to use formal complaint procedures and pay filing costs.
The LTB terminated the tenancy and ordered eviction because the Tenant persistently interfered with the reasonable enjoyment of other occupants through excessive noise and property damage.
St. Thomas - Elgin Social Services v McEwen
The LTB granted relief from eviction subject to conditions where the Landlord proved substantial interference related to pet waste and pest control access.
London Property Corp v Strojek
The Landlord and Tenant Board denied the Tenant's review request and confirmed an ex parte eviction order under Section 78, holding that the Tenant should have filed a motion to set aside rather than a review.
Northumberland County Housing Corporation v Throop
The LTB denied the tenant's motion to set aside a termination order after finding that the tenant breached the conditions of a mediated settlement.
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