Landlord Wins Harassment Claim Against Tenants in Ontario LTB Ruling: BM and CM v DC 2021
Landlord prevails in harassment claim against tenants in Ontario LTB case
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2019
Hearing Date
Oct 2021
Order Date
Dec 16, 2021
Dispute Summary
Tenants filed T2 and T6 applications alleging the Landlord harassed them, entered the rental unit illegally, changed the locking system, substantially interfered with their reasonable enjoyment, and withheld a vital service. The issues mainly revolved around incidents on May 29, May 31, July 20, 2019, and September 3, 2019.
Determinations
- T6 Application dismissed as no maintenance issues were included
- T2 Application claims not proven - no illegal entry, no harassment, no interference with vital service
- Landlord within rights to serve N5 notice and file Small Claims Court claim
Case Study
The Tenant did not prove on a balance of probabilities that the Landlord's actions amounted to harassment or substantial interference with reasonable enjoyment. The incidents were isolated events, and the Landlord was within his rights to serve an N5 notice and file a claim in Small Claims Court. The Tenant also did not provide evidence that the Landlord turned off the hydro breaker.
Arguments and Actions
Landlord
Arguments
Landlord was within his rights to serve N5 notice and file Small Claims Court claim. Landlord did not turn off hydro breaker.
Actions
Landlord told Tenant to pick up after dog on his property. Landlord and girlfriend drove by Tenant on 4-wheeler, singing a French song, but stopped singing when they saw the Tenant.
Tenant
Actions
Tenant walked dog near Landlord's lot and allowed dog to defecate there, despite being able to avoid the area. Tenant felt anxious and intimidated when Landlord approached on 4-wheeler.
Decision Summary
The Tenants' T2 and T6 Applications are dismissed.
Adjudicator Details
LTB Member
Total Orders
161
Landlord Favorable
92.5%
Tenant Favorable
5.0%
Mutual Agreement
2.5%
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