Last updated: July 26, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$5,000
to Tenant
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Citation: Francis v I-land Corp, 2021 CanLII 129998 (ON LTB)
File Number: TNT-96746-17
Hearing Date
Sep 2017
Order Date
Sep 20, 2021
The Landlords illegally evicted the Tenant without following the procedures set out in the Residential Tenancies Act, 2006, and substantially interfered with his reasonable enjoyment by withholding all his belongings from him. The Tenant is awarded $4,000 for his lost belongings and $1,000 in general damages for pain and suffering. The Landlords are also ordered to pay an administrative fine of $3,000 to the Board.
Tenant applied for an order determining that Landlords harassed, obstructed, coerced, threatened or interfered with him, entered the rental unit illegally, altered the locking system on a door giving entry to the rental unit or residential complex without giving him replacement keys, and substantially interfered with his reasonable enjoyment.
The tenancy was not governed by the Residential Tenancies Act, 2006 because its purpose was commercial, not residential.
Landlords rented the unit to the Tenant for him to live in, but drafted a lease which mischaracterized the nature of the tenancy in an apparent effort to avoid their obligations under the Residential Tenancies Act, 2006. Landlords offered no excuse for their conduct.
On or about July 7, 2017, the Tenant returned home and discovered that the Landlords had locked him out. When the Tenant attended on July 15 to pick up his belongings, the superintendent was not there and the Tenant's belongings were never returned.
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Damages
$4,000
Administrative Fine Payable to LTB
$3,000
Other Amount
$1,000
General damages for pain and suffering
Ordered Amount
$5,000 (to Tenant)
Fine Payable By: Landlords
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