Landlord Loses Damage Dispute: Octavian Investment Corp v Al Zouhouri
Landlord's application to evict tenant for alleged damage dismissed due to lack of evidence
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 871 Janette Avenue, Windsor, ON N9A5A2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2021
Order Date
Nov 22, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant, another occupant, or someone permitted by Tenant, wilfully or negligently causing undue damage to the premises. Landlord also claimed compensation for the damage and each day the Tenant remained in the unit after the termination date.
Determinations
- N5 notices were valid as signed by Landlord's agent
- Landlord failed to provide clear, convincing, and cogent evidence that the clogging was due to Tenant's conduct
- Invoices submitted were hearsay evidence with limited probative weight
- Cause of the blockage was unclear
Case Study
The Tenant's Legal Representative argued that the N5 notices of termination were defective, but the Tribunal found that the notices were valid as they were signed by the Landlord's agent. However, the Tribunal found that the Landlord failed to provide clear, convincing, and cogent evidence to satisfy the balance of probabilities that the clogging of the pipes was due to the Tenant's conduct. The Tribunal noted that the invoices submitted were hearsay evidence and the service professionals did not testify, so the cause of the blockage was unclear.
Arguments and Actions
Landlord
Actions
The Landlord alleges that the Tenant has wilfully or negligently caused damage to the rental unit by continuing to dump grease down the drain causing the blockages in the pipes, despite being told not to.
Tenant
Arguments
The Tenant's Legal Representative argued that the N5 notices of termination were defective.
Decision Summary
The Landlord's application is dismissed.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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