Is a landlord who has breached a covenant of quiet enjoyment a violation of the tenant's right to quiet enjoyment?
Ontario, Canada
The following excerpt is from 2179042 Ontario Inc. v. 2142314 Ontario Ltd., 2009 CanLII 34785 (ON SC):
I agree that the landlord has breached the covenant of quiet enjoyment. The landlord has interfered with the tenant’s ability to use the premises for the intended purposes and that such action is a breach of the right to quiet enjoyment. (Cvokic v. Belisario, June 2008, S.C.J. at para. 15).
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