Landlord Wins Harassment and Maintenance Case: Arthurs Larose v Casa Bella Senior Citizen Apartments
Tenant's harassment and maintenance claims dismissed due to lack of specificity in LTB application
Summarized by RentZenLast updated: July 26, 2024
Case Summary
206 McLeod Street, Sudbury, ON P3E 5Y4
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Apr 2021
Hearing Date
Nov 2021
Order Date
Nov 25, 2021
Dispute Summary
Tenant applied for orders determining that the Landlord harassed, obstructed, coerced, threatened or interfered with the Tenant and substantially interfered with the reasonable enjoyment of the rental unit or residential complex, and that the Landlord failed to meet its maintenance obligations under the Residential Tenancies Act, 2006.
Determinations
- Tenant's T2 and T6 applications were missing clear description of remedies requested and specific details regarding the issues
- Tenant failed to submit document detailing the remedies and issues claimed in the applications by the deadline
- Tenant failed to provide disclosure of documents, photographs, and witness list by the deadline
- Landlord's Legal Representative received none of the documents filed by the Tenant
- Tenant's applications contained lengthy vague and rambling diatribes over a wide array of complaints with no coherent request for any specific remedy
- Tenant denied receiving the interim order issued on April 29, 2021, but the Landlord's Legal Representative provided uncontested evidence that the hearing officer explained the issues to the Tenant on April 21, 2021
- Vague allegations in the applications frustrated the Landlord's ability to fully and properly respond
Case Study
The Tenant's applications were dismissed as the applications were excessively disordered and vague with no clear request for any remedy within the Board's jurisdiction to order. The Tenant had an opportunity to resolve these issues by amending her applications as suggested at the Case Management Hearing, but she opted not to do so.
Arguments and Actions
Tenant
Procedural Errors
Tenant failed to amend applications as suggested at Case Management Hearing
Decision Summary
The Tenant's applications were dismissed as the applications were excessively disordered and vague with no clear request for any remedy within the Board's jurisdiction to order.
Adjudicator Details
LTB Member
Total Orders
314
Landlord Favorable
90.8%
Tenant Favorable
5.7%
Mutual Agreement
3.5%
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