Landlord Wins Frustration of Contract Case: Goodspeed v Martene
LTB rules tenancy agreement was frustrated due to complete destruction of rental property in fire, dismissing tenant's application
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2 John Street, Seaforth, ON N0K1W0
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Apr 2019
Application Date
Jan 2020
Hearing Date
Oct 2021
Order Date
Nov 18, 2021
Dispute Summary
Tenant applied for an order determining that Landlord harassed, obstructed, coerced, threatened or interfered with the Tenant; and altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys.
Determinations
- Tenancy agreement was frustrated due to complete destruction of rental property in fire
- Resumption of tenancy was not reasonably foreseeable
- Tenant's application must be dismissed
Case Study
The Landlord raised a preliminary issue regarding the doctrine of frustration of contract and the Frustrated Contracts Act, claiming that the tenancy agreement was frustrated due to a catastrophic fire on April 22, 2019 that completely destroyed the rental property down to the foundation. The Tenant's representative argued that a previous LTB case (TEL-32649-12) should be considered, but the Adjudicator found the circumstances in that case to be different and not persuasive. The Adjudicator determined that the tenancy agreement was frustrated due to the complete destruction of the rental property, and therefore there was no landlord and tenant relationship beyond April 22, 2019, and the Tenant's application must be dismissed.
Decision Summary
The Tenant's application is dismissed as the tenancy agreement was found to be frustrated due to the complete destruction of the rental property in a fire, and therefore there was no landlord and tenant relationship beyond April 22, 2019.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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