OSGOODE PROPERTIES LTD v Melo: Tenant Insurance Dispute in Kingston, ON
LTB Ruling: Tenant Given Second Chance in Insurance Dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 52 Bayswater Place, Kingston, ON K7M2C
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Nov 2022
Order Date
Jan 27, 2023
Dispute Summary
Landlord applied to terminate tenancy and evict Tenant for failing to meet conditions specified in a previous order and for substantial interference. Tenant filed a motion to set aside the previous order and requested a review of another order. The Board granted the review and set aside, allowing the Tenant another opportunity to provide proof of insurance.
Determinations
- Failure to provide proof of insurance is substantial interference with Landlord's rights
- Landlord had no knowledge of extent of Tenant's disability
- Lease requires Tenant to have insurance
- No serious errors in original hearing process
- Tenant breached conditional order by not providing proof of insurance
- Tenant's disability affected participation in original hearing
Case Study
The Board granted the review and set aside based on the Tenant's disability affecting his participation in the original hearing. The Board found it reasonable to allow the Tenant another opportunity to provide proof of insurance, as required by the lease. The Landlord's request for reimbursement of insurance costs was denied without prejudice as it was not part of the original application.
Arguments and Actions
Landlord
Arguments
Landlord argued that they had no knowledge of the extent of Tenant's disability or lack of phone, and that the original hearing was conducted properly.
Actions
Landlord applied for eviction based on Tenant's failure to provide proof of insurance. Landlord obtained insurance on Tenant's behalf since July 2022.
Tenant
Arguments
Tenant argued that the Landlord should have informed the Board about the Tenant's mental health issues when he didn't appear for the hearing.
Actions
Tenant failed to provide proof of insurance as required by the lease. Tenant missed the original hearing due to mental health issues.
Decision Summary
The Board set aside the previous order and cancelled the eviction order. The Tenant is given until February 26, 2023, to provide proof of liability insurance to the Landlord. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy within 30 days of the breach.
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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