SH v LR
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: SH v LR, 2016 CanLII 38852
File Number: TEL-67644-16-SA
Timeline
Hearing Date
May 2016
Order Date
May 10, 2016
Decision
The Landlord's application is dismissed, and the previous order (TEL-60562-15) remains in effect. The conflicting evidence from the Landlord's witnesses and the lack of a Police report to corroborate the claims were not sufficient to uphold the termination order.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to meet a condition specified in a previous order. The Tenant filed a motion to set aside the order terminating the tenancy.
Determinations
- Police were called to the complex by two separate tenants complaining about loud music
- Police attended the unit on two occasions and the Tenant was charged
- Tenant and her witnesses denied there was loud music or a stereo in the unit
- Landlord's witnesses disagreed on where their conversations with the Police took place
- No Police report was provided to substantiate the claims
Landlord's Arguments
Actions and Evidence
Landlord's witnesses claim they heard loud music from the Tenant's unit and called the Police, who charged the Tenant.
Tenant's Arguments
Actions and Evidence
Tenant denies allegations of excessive noise and loud music. Police did not find evidence to support the claims.
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