Landlord Loses Wilful Damage Case: The Siksay Group Ltd v Austin
Oshawa landlord ordered to pay $914 for tenant's negligent damages
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 291 Marland Avenue, Oshawa, ON L1J1X2
Decision in favor of
tenant
Balance Owed to Landlord
$914
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Jun 2022
Order Date
Sep 7, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant wilfully causing undue damage to the premises. The Landlord alleged that the Tenant's use of a dishwasher caused flooding and damage to another unit.
Determinations
- Landlord failed to take reasonable steps to minimize losses
- Landlord gave Tenant N7 Notice on 2021-12-13
- Landlord has not proven grounds for termination of tenancy
- Tenant agreed to remove dishwasher after first flood
- Tenant reinstalled dishwasher, causing second flood
- Tenant was in possession of rental unit on application date
Case Study
The Landlord failed to prove that the Tenant wilfully caused damage to the other unit. The Tenant's actions constituted negligent damage, not wilful damage, and therefore the Landlord's application for termination cannot succeed on this basis.
Arguments and Actions
Landlord
Arguments
Tenant wilfully caused undue damage to the premises.
Actions
Landlord's agent testified that Tenant's dishwasher caused flooding and damage in other unit.
Tenant
Arguments
Landlord failed to prove Tenant wilfully caused damage.
Actions
Tenant reinstalled dishwasher after being advised it caused flood in other unit.
Decision Summary
The Landlord's application for termination of the tenancy is dismissed. The Tenant is ordered to pay the Landlord $728.85 for the cost of repairing the damage to the floors in the other unit, and $186.00 for the cost of filing the application, for a total of $914.85. If the Tenant does not pay the full amount by September 18, 2022, the Tenant will start to owe interest at 3.00% annually on the balance owing.
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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Financial Details
Application Fee
$186
Damages
$728
Total Owing
$914 (Owed to Landlord)
Source
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