Tenant's Claims Dismissed: Czernienko v Pearson 2024 LTB Case
Tenant's application against landlords for illegal entry, harassment, and heat withholding dismissed by LTB
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 245 Earlscourt Ave, York, ON M6E4B7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Oct 2022
Hearing Date
Jul 2024
Order Date
Sep 5, 2024
Dispute Summary
Tenant filed an application alleging illegal entry, harassment, and withholding of vital services by the Landlords. The Tenant claimed the Landlords entered the unit without notice, harassed her about rent, and withheld heat.
Determinations
- Tenant did not prove allegations on balance of probabilities
- Application dismissed
- Illegal entry claim time-barred
- No evidence of harassment
- No proof of intentional heat withholding
Case Study
The Board examined three specific claims: illegal entry, harassment, and withholding of heat. Each claim was evaluated based on the evidence presented and the definitions within the Residential Tenancies Act.
Arguments and Actions
Landlord
Actions
Attempted to change smoke detector using Tenant's chair, asked about rent arrears, proposed mutual termination of tenancy
Tenant
Arguments
Tenant claimed illegal entry, harassment about rent, and heat withholding.
Actions
Tenant physically pushed the Landlord out of the rental unit and called the police, resulting in an assault charge against the Tenant.
Procedural Errors
Failed to amend application as instructed by the Board
Decision Summary
The Tenant's application was dismissed as she failed to prove the allegations of illegal entry, harassment, and heat withholding on a balance of probabilities.
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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