Landlord's Appeal Dismissed in Fire Damage Case: 1147335 Ontario Inc. v. Eden
Court upholds LTB decision favoring tenant in fire damage and eviction dispute, despite lack of insurance
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Apr 2022
Order Date
Apr 28, 2022
Dispute Summary
Landlord appealed LTB decision dismissing their application for eviction and damages related to a fire in the rental unit. The fire was caused by a discarded cigarette butt from elsewhere in the complex, not by the Tenant. The LTB had granted relief from eviction despite Tenant's lack of insurance being a substantial interference with Landlord's rights.
Determinations
- LTB's finding that Tenant did not cause the fire is a finding of fact not subject to appeal
- No evidence that tenant insurance would have covered fire damage
- LTB appropriately applied s. 83 of RTA to grant relief from eviction
- No reason for court to interfere with LTB's determinations
Case Study
The court found no reason to interfere with the LTB's factual finding that the Tenant did not cause the fire. The LTB's decision to grant relief from eviction under s. 83 of the RTA, despite the Tenant's lack of insurance being a substantial interference with the Landlord's rights, was also upheld.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant's lack of insurance constituted a substantial interference with their reasonable enjoyment or lawful right, privilege or interest.
Actions
Landlord had warned tenants of the risk associated with tossed cigarette butts, which had caused fires in the past.
Tenant
Arguments
Tenant argued that the lack of insurance did not warrant eviction, as there was no evidence that insurance would have covered the fire damage.
Actions
Tenant did not have insurance as required by the rental agreement.
Aggravating Factors
Tenant did not have insurance as required by the rental agreement
Decision Summary
The Divisional Court dismissed the Landlord's appeal of the LTB decision. The court found no errors of law in the LTB's factual determination that the Tenant did not cause the fire or in its decision to grant relief from eviction despite the Tenant's lack of insurance.
Adjudicator Details
Divisional Court
Total Orders
13
Landlord Favorable
61.5%
Tenant Favorable
38.5%
Mutual Agreement
0.0%
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