Good Shepherd non-Profit Homes. Inc. v Souleiman
Last updated: August 8, 2025
Order
Ordered by Greg Witt,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Dispute resolved in
Agreement
Dispute Categories
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Subsections of RTA Quoted
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Citation: Good Shepherd non-Profit Homes. Inc. v Souleiman, 2025 ONLTB 33334
File Number: LTB-L-094566-24
Timeline
Hearing Date
Mar 2025
Order Date
Apr 30, 2025
Decision
The LTB found the Tenant responsible for substantial interference through noise but granted relief from eviction. The tenancy continues on the condition that the Tenant refrains from causing excessive noise for a two-year period, from May 1, 2025, to April 30, 2027. The Tenant is also ordered to pay the Landlord's $186.00 application fee. Failure to comply with the noise condition may result in the Landlord applying for eviction without notice.
Reason for Eviction Relief
The Tenant wishes to remain in the rental unit, has a primary income from ODSP, has mobility issues, and would likely become homeless if evicted. The Board determined termination of tenancy is a last resort and the Landlord's interests can be protected by a conditional order.
Dispute
The Landlord, a supportive housing provider, applied to evict the Tenant due to substantial interference from loud music and a barking dog. The application followed a second N5 Notice of Termination, after the Tenant had initially corrected their behaviour following a first N5. Multiple witnesses testified for the Landlord regarding the noise. The Tenant denied the allegations, attributing the noise to other neighbors.
Determinations
- The Landlord proved the grounds for termination of the tenancy.
- The Tenant was in possession of the rental unit when the application was filed.
- The Landlord served a valid first N5 notice which the Tenant remedied.
- The Landlord served a valid second N5 notice for continued substantial interference.
- The Tenant substantially interfered with the Landlord's and others' reasonable enjoyment by playing loud music and allowing his dog to bark loudly.
Landlord's Arguments
Arguments
The Landlord sought to terminate the tenancy based on a second N5 notice for substantial interference, arguing the Tenant's disruptive behaviour continued after a first N5 notice had been served and remedied.
Actions and Evidence
The Landlord submitted that the Tenant was responsible for playing loud music and had a dog that barked regularly, interfering with others. Witnesses for the Landlord testified about hearing loud music and a dog barking on multiple specific dates and times, and submitted written complaints and a video recording as evidence.
Tenant's Arguments
Arguments
The Tenant argued that the complaints from neighbours were misplaced and should be directed at other tenants in the complex, and that the Landlord was exaggerating the issue.
Actions and Evidence
The Tenant denied being responsible for the loud noise. He testified that while he plays music, it is his neighbours who are primarily responsible for the noise. He claimed his dog only barks at animals. His witness, another neighbour, supported his claim that other tenants were the source of the loud music.
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