Landlord Wins Rent Reduction Case: Baril v Sterling Silver Development
LTB dismisses tenant's rent reduction claim, finds landlord's pandemic facility closures reasonable
Summarized by RentZenLast updated: July 26, 2024
Case Summary
4001 Bayview Avenue, North York, ON M2M3Z7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Nov 2021
Order Date
Nov 15, 2021
Dispute Summary
Tenant applied for a rent reduction due to the temporary discontinuance of fitness facilities, gym/exercise room and pool from August 1, 2020 to October 31, 2020.
Determinations
- Fitness facilities, gym/exercise room and pool were temporarily discontinued from August 1, 2020 to October 31, 2020
- Temporary discontinuance was reasonable due to COVID-19 pandemic
- Landlord's decision to keep facilities closed for additional 3 months was also reasonable
Case Study
The temporary discontinuance of the fitness facilities, gym/exercise room and pool was reasonable due to the COVID-19 pandemic and the need to ensure the health and safety of the residents, staff and visitors in the 641-unit residential complex with a significant elderly population. The Landlord's decision to keep the facilities closed for an additional three months after the government easing of restrictions was also reasonable.
Arguments and Actions
Landlord
Arguments
The temporary discontinuance was reasonable due to the COVID-19 pandemic and the need to ensure the health and safety of the residents, staff and visitors in the 641-unit residential complex with a significant elderly population.
Actions
The Landlord kept the facilities closed for an additional three months after the government easing of restrictions to ensure the health and safety of the residents, staff and visitors in the 641-unit residential complex with a significant elderly population.
Tenant
Arguments
The majority of the elderly people in the complex do not use the pool, gym or fitness facilities and the high-traffic areas like the laundry room have more potential to spread the virus compared to these facilities. The Landlord's decision to continue the facility closure for an additional three months created "hardship" for many tenants.
Decision Summary
The Tenant's application for a rent reduction due to the temporary discontinuance of the fitness facilities, gym/exercise room and pool is dismissed. The temporary discontinuance was reasonable due to the COVID-19 pandemic and the need to ensure the health and safety of the residents, staff and visitors in the 641-unit residential complex with a significant elderly population.
Adjudicator Details
LTB Member
Total Orders
313
Landlord Favorable
82.8%
Tenant Favorable
11.8%
Mutual Agreement
5.4%
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