Last updated: August 6, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$7,420
to Tenant
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Citation: Medallion Corporation v. McIlroy, 2023 ONSC 5196
File Number: 140/23
Hearing Date
Sep 2023
Order Date
Sep 21, 2023
The Member awarded a rent abatement of $7,419.60 and directed the Landlord to hire a contractor to ascertain whether soundproofing could be installed to reduce the noise. The Member declined to order the Landlord to cease the noise, finding that would be unreasonable and unenforceable.
Tenant applied alleging interference with his reasonable enjoyment of his rental unit due to noise from the adjacent unit, which was caused by a child with autism who lived next door. The Landlord had sent notices to the neighbouring tenant in response to the complaints, but the issue persisted.
The Landlord argued that the Member failed to take into account the Landlord's obligations under the Human Rights Code regarding the child's disability, and that the Landlord could not have done more to address the noise complaints.
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Damages
$7,420
Ordered Amount
$7,420 (to Tenant)
Click to switch between order outcomes
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