Mottley v Equity Builders Ltd: Illegal Lockout Case in Sarnia, ON
Sarnia landlord fined $35000 for illegal lockout, harassment, and disregarding LTB orders
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 721 Earlscourt Street, Sarnia, ON N7S1V1
Decision in favor of
tenant
Balance Owed to Tenant
$4,125
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
Dispute Summary
Tenant applied for an order determining that Landlords altered the locking system without providing replacement keys, substantially interfered with reasonable enjoyment, and harassed, obstructed, coerced, threatened or interfered with the Tenant. The case stemmed from a fire incident on February 19-20, 2023, which led to the Tenant being illegally locked out of their unit.
Determinations
- Landlord disregarded Board and court orders
- Landlord obstructed, coerced, threatened or interfered with Tenant
- Landlord substantially interfered with Tenant's reasonable enjoyment
- Landlord's appeal was found to be an abuse of process
- Tenant was illegally locked out
Case Study
The Landlord's actions constituted an egregious disregard for the Residential Tenancies Act and the Board's authority. The Landlord illegally locked out the Tenant, disregarded a Board order to restore possession, and attempted to delay proceedings through an appeal. These actions, combined with a history of similar behavior, warranted the maximum administrative fine to deter future misconduct.
Arguments and Actions
Landlord
Arguments
Landlord claimed they were concerned with the safety and wellbeing of tenants due to potential asbestos presence and air quality issues.
Actions
Landlord changed locks without providing replacement keys to Tenant, refused to voluntarily put Tenants back in possession despite Board orders, and appealed the interim order to delay proceedings.
Procedural Errors
Landlord failed to follow proper procedures for restricting access to units or appealing City of Sarnia's order allowing Tenants to return.
Aggravating Factors
Illegal lockout, disregard of Board and court orders, history of similar behavior, abuse of appeal process
Tenant
Arguments
Tenant argued they were coerced into signing an N11 agreement and were illegally locked out of their unit.
Actions
Tenant testified they had notified their insurance provider of the fire. They attended on February 21, 2023 with Belfor and other than the smell of smoke the unit was fine and undamaged.
Decision Summary
The Board found in favor of the Tenant, ordering the Landlord to pay $4,125.42 for rent abatement, rent difference, and application costs. Additionally, the Landlord Equity Builders Ltd. was ordered to pay a $35,000 administrative fine to the Landlord and Tenant Board for their egregious conduct and disregard of the Residential Tenancies Act.
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
Other Owed Amount
$4,072
Rent abatement, rent difference, and disbursements
Total Owing
$4,125 (Owed to Tenant)
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.