J.S. v N.R. and C.R.
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Dispute Categories
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Citation: J.S. v N.R. and C.R., 2018 CanLII 42701
File Number: TST-89600-17
Timeline
Hearing Date
Jan 2018
Order Date
Feb 5, 2018
Decision
The Board dismissed most of the Tenant's allegations but found one instance of harassment via email. The Landlords were ordered to pay the Tenant $250 as a rent abatement for this harassment, plus $45 for the application filing fee, totaling $295.
Dispute
Tenant filed a T2 application alleging the Landlords harassed, obstructed, coerced, threatened, interfered with, entered the rental unit illegally, and substantially interfered with the reasonable enjoyment of the rental unit. The main issues were illegal entries, harassment through emails, a pet policy, Wi-Fi expenses, and access to porches.
Determinations
- Most allegations of illegal entry were not substantiated
- One instance of harassment via email was found
- Wi-Fi related request did not constitute harassment
- Dog policy email did not amount to harassment
- Tenant was not denied access to porches contrary to the lease
Landlord's Arguments
Arguments
Landlords argued that their emails were part of an ongoing discussion about the lease terms and did not constitute harassment.
Actions and Evidence
Landlords sent an email stating 'How about if I ask you for compensation for the Camera [sic] that was in my space that was removed, which I do have footage of! Any comments on that?'
Procedural Errors
Landlords attempted to enforce an unenforceable no-pet clause, contrary to section 14 of the Residential Tenancies Act.
Considerations
Landlords sent an accusatory email suggesting the Tenant stole a camera, which was deemed harassment.
Tenant's Arguments
Arguments
Tenant argued that denying access to the rear porch and backyard, which was an emergency exit, was unsafe.
Actions and Evidence
Tenant continued to dog sit despite Landlords' comments about a no-pet policy.
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