Lopes Brother Contracting LTD. v. Comeau and Dublow
Last updated: October 12, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Subsections of RTA Quoted
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Citation: Lopes Brother Contracting LTD. v. Comeau and Dublow, LTB-L-033992-26
File Number: LTB-L-033992-26
Timeline
Hearing Date
Jun 2026
Order Date
Jun 8, 2026
Decision
The Landlord's application to terminate the tenancy for breach of a prior order condition was dismissed, and relief from eviction was granted.
Reason for Eviction Relief
Tenants are 70 years of age, have resided in the rental unit for 14 years, and the alleged breach did not substantially interfere with reasonable enjoyment.
Dispute
The Landlord applied for an order to terminate the tenancy and evict the Tenants for allegedly failing to meet a condition of a previous LTB order by taking photographs of a neighbouring commercial property.
Determinations
- The Landlord alleged the Tenant breached a prior order by taking photos of a neighbouring coffee shop.
- The Adjudicator found that even if a photo was taken, it did not substantially interfere with reasonable enjoyment.
- The Adjudicator granted relief from eviction under section 83(2) of the Act, considering the Tenants are 70 years old and have resided in the unit for 14 years.
Landlord's Arguments
Actions and Evidence
Landlord alleged Tenant breached conditions of prior order by taking photos of the neighbouring coffee shop.
Considerations
Tenant's Arguments
Actions and Evidence
Tenant testified she was returning from shopping and took a picture of the residential complex adjoining her residential complex because of an N12 notice served for personal use.
Considerations
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