Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$4,125
to Tenant
Agree with the ruling?
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
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.
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.
Landlord claimed they were concerned with the safety and wellbeing of tenants due to potential asbestos presence and air quality issues.
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.
Landlord failed to follow proper procedures for restricting access to units or appealing City of Sarnia's order allowing Tenants to return.
Illegal lockout, disregard of Board and court orders, history of similar behavior, abuse of appeal process
Tenant argued they were coerced into signing an N11 agreement and were illegally locked out of their unit.
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.
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Application Fee
$53
Administrative Fine Payable to LTB
$35,000
Other Amount
$4,072
Rent abatement, rent difference, and disbursements
Ordered Amount
$4,125 (to Tenant)
Fine Payable By: Equity Builders Ltd.
Click to switch between order outcomes
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