Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$1,885
to Tenant
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Citation: Comeau v Equity Builders Ltd, 2024 ONLTB 19651
File Number: LTB-T-029695-23-AM
Application Date
Mar 2023
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
The Landlord substantially interfered with the Tenant's reasonable enjoyment and harassed, obstructed, coerced, threatened or interfered with the Tenant. The Landlord is ordered to pay the Tenant $16,469.83 for rent abatement, out-of-pocket expenses, application costs, and general damages. The Landlord Equity Builders Ltd. is also ordered to pay an administrative fine of $35,000.00 to the Landlord and Tenant Board.
Tenant applied for an order determining that the Landlords: altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys, substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household, and harassed, obstructed, coerced, threatened or interfered with the Tenant.
The Landlord argued that an administrative fine is not warranted, as there was no blatant disregard for the Residential Tenancies Act, and the Landlord was only concerned with the safety and well-being of its tenants.
The Landlord submitted that they made the difficult decision of restricting the ability of the tenants to access or return to their units until repair and remediation work was completed, due to concerns about the tenants' safety and well-being.
The Landlord blatantly disregarded the Board's orders and the Residential Tenancies Act by illegally locking out the Tenant and then refusing to voluntarily restore the Tenant's possession. The Landlord's conduct demonstrates a contempt for the Board's authority.
The Tenant testified that they were not home on July 28, 2023, when the Landlord changed the locks, and that there had been a note on the door to contact the Landlord, who came right away and provided new keys.
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Application Fee
$53
Damages
$1,132
Administrative Fine Payable to LTB
$35,000
Other Amount
$700
Locksmith fees and other disbursements
Ordered Amount
$1,885 (to Tenant)
Fine Payable By: Equity Builders Ltd.
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