Landlord Fined $35000 for Illegal Lockout of Tenant in Sarnia: MacDuff v EQB 2024
$35000 Fine for Sarnia Landlord's Illegal Lockout and Harassment
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 721 Earlscourt Dr, Sarnia, ON N7S1V1
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord and Superintendent altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys, substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household, and harassed, obstructed, coerced, threatened or interfered with the Tenant.
Determinations
- Landlord failed to accommodate Tenant's requests under Ontario Human Rights Code
- Landlord harassed, obstructed, coerced, threatened or interfered with Tenant
- Landlord substantially interfered with Tenant's reasonable enjoyment
- Tenant was illegally locked out
Case Study
The Tenant was illegally locked out by the Landlord. The Landlord substantially interfered with the Tenant's reasonable enjoyment and harassed, obstructed, coerced, threatened or interfered with the Tenant. The Landlord failed to accommodate the Tenant's requests under the Ontario Human Rights Code.
Arguments and Actions
Landlord
Arguments
The Landlord submitted that an administrative fine is not warranted as there was no blatant disregard for the RTA, and they were only concerned with the safety and wellbeing of its tenants.
Actions
The Landlord submitted that they made the difficult decision of restricting the ability of the tenants of the Residential Complex to access or return to their respective units, until the repair and remediation work had been completed, in the interests of the safety and well-being of the tenants.
Procedural Errors
The Landlord failed to appeal the City of Sarnia order that permitted the Tenants to return, and instead engaged in 'self-help' by locking out the Tenants.
Aggravating Factors
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.
Tenant
Arguments
The Tenant requested accommodations under the Ontario Human Rights Code to make arrangements to remove their contents on their own, but the Landlord refused this request.
Actions
The Tenant testified that they were afforded 10 minutes escorted access after the fire by Sarnia Fire services to gather personal items. They testified that the Landlord had denied access after the City had lifted the order to permit them to return. They also stated that the Landlord advised that they need proof of tenant insurance before they would be permitted to return.
Decision Summary
The Tenant was illegally locked out by the Landlord and the Landlord substantially interfered with the Tenant's reasonable enjoyment and harassed, obstructed, coerced, threatened or interfered with the Tenant. The Landlord is ordered to pay the Tenant $20,243.77 and the Landlord Equity Builders Ltd. is ordered to pay an administrative fine of $35,000.00 to the Landlord and Tenant Board.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$53
Administrative Fine Payable to LTB
$35,000
Fine Payable By: Equity Builders Ltd.
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.