McGill v Equity Builders Ltd

The Landlord submitted that an administrative fine is not warranted, as there was no blatant disregard for the RTA, and the Landlord was 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 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, as the Landlord's professionals had advised it that there was a risk to the tenants' safety and well-being if they returned to the Residential Complex before all work had been completed and before the appropriate professionals confirmed that the Residential Complex was fit for occupancy.

The Landlord blatantly disregarded the Act and the Board's orders, engaging in 'self-help' by illegally locking out the Tenant and then refusing to voluntarily comply with the orders to reinstate the Tenant. The Landlord's conduct demonstrates a contempt for the Board and the Act.

The Tenant testified that they have lived in the unit since February 2018, along with their pet dog Zeus. They testified regarding medical disabilities they have. They were escorted by the Sarnia Fire Service to retrieve enough things to last for a few days, but could not stay in a hotel due to their dog. They arranged to stay with family out of town, but missed their dog Zeus who helped them cope. The Tenant testified that the Landlord would say they have no updates whenever they called for information, and that the Landlord had told them they could not return without tenant insurance.