Tenant Wins Face Mask Dispute: Skyline Living v Mainprize 2022
LTB Sides with Tenant in Kingston Face Mask Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 722 John Counter Boulevard, Kingston, ON K7K6N9
Decision in favor of
tenant
Balance Owed to Landlord
$186
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Oct 2021
Hearing Date
Jan 2022
Order Date
Jan 18, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a previous order. The condition was that the Tenant, occupants, and guests must wear face masks in the common areas of the residential complex. The Tenant argued that she has taken reasonable steps to comply with the condition, but cannot compel her guests to wear masks.
Determinations
- Condition was that Tenant, occupants, and guests must wear face masks in common areas
- Landlord and Tenant have joint responsibility to ensure compliance with face mask requirement
- Landlord applied to terminate tenancy due to Tenant's failure to meet condition in previous order
- Tenant argued she cannot compel guests to wear masks but has taken reasonable steps to comply
- Tenant has not substantially breached the condition and motion to set aside order is granted
Case Study
The Tenant has made her best effort to comply with the condition, and the Landlord has a joint responsibility to ensure compliance with the face mask requirement. The Tenant cannot be evicted for failing to strictly comply with the condition.
Arguments and Actions
Tenant
Arguments
Tenant argued that she has made her best effort to comply with the condition and cannot be evicted for failing to strictly comply.
Actions
Tenant testified that she cannot compel her guests to wear masks but has taken reasonable steps to comply, such as insisting guests wear masks and providing masks when available.
Decision Summary
The motion to set aside the previous order is granted. The previous order is cancelled and replaced with a new order that modifies the conditions regarding face masks. The Tenant is required to take reasonable steps to ensure her guests wear masks, and the Landlord has a joint responsibility to ensure compliance with the face mask requirement.
Adjudicator Details
LTB Member
Total Orders
288
Landlord Favorable
83.3%
Tenant Favorable
10.1%
Mutual Agreement
6.6%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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