Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$16,064
to Tenant
Agree with the ruling?
Application Date
Mar 2023
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
The Tenants were illegally locked out of their rental unit by the Landlord. The Landlord substantially interfered with the Tenants' reasonable enjoyment of the rental unit and harassed, obstructed, coerced, threatened or interfered with the Tenants. The Tenants are awarded $16,064 in general damages and disbursements, and the Landlord is ordered to pay a $35,000 administrative fine.
Tenants 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 Tenants replacement keys, substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants or by a member of their household, and harassed, obstructed, coerced, threatened or interfered with the Tenants.
The Landlord submitted 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 wellbeing of its Tenants.
The Landlord claimed that they restricted access to the units due to concerns about the safety and well-being of the Tenants, as the Landlord's professionals had advised that there was a risk to the Tenants' safety if they returned before the repair and remediation work was completed.
The Landlord blatantly disregarded the Act and the Board's orders, engaging in 'self-help' that must be addressed. The Landlord's actions constitute an egregious disregard of the Board's authority and of the Act.
The Tenants testified that they had lived in the rental unit since April 2015. After the fire, they were initially allowed to access the unit to retrieve some items, but were then denied further access by the Landlord. The Tenants were forced to stay with friends and family, which was very stressful and disruptive to their lives.
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Application Fee
$53
Damages
$15,364
Administrative Fine Payable to LTB
$35,000
Other Amount
$108
Locksmith costs
Ordered Amount
$16,064 (to Tenant)
Fine Payable By: Equity Builders Ltd.
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