MacDuff v EQB

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.

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.

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.

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 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.

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.