Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Waddilove v EQB LTD, 2024 ONLTB 20538
File Number: LTB-T-028161-23-IN
Application Date
Mar 2023
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
The Tenants have not been restored possession of their rental unit. The Landlord shall at their own expense remove, repair and store the Tenant possessions, until the Tenant is fully restored possession of the unit. The Landlord shall pay the Tenant $17,060.20 for out-of-pocket expenses, general damages, and costs. The Landlord Equity Builders Ltd. shall pay the Landlord and Tenant Board an administrative fine of $35,000.00.
The Tenant applied for an order determining that the Landlords: altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys; substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household; and harassed, obstructed, coerced, threatened or interfered with the Tenant.
The Landlord made the difficult decision of restricting the ability of the tenants of the Residential Complex to access or return to their respective units, until the repair and remediation work had been completed. This difficult decision was made in the interests of the safety and well-being of the tenants, as the Landlord's professionals had advised it that there was a risk to the tenants' safety and well-being if they returned to the Residential Complex before all work had been completed and before the appropriate professionals confirmed that the Residential Complex was fit for occupancy.
The Landlord demanded the Tenant get insurance for the unit when they could not even live in it, and told the Tenant that until they had proof of insurance, they could not access their items. The Landlord provided a series of photos to show that the unit was a mess after the Tenant accessed it.
The Landlord failed to mitigate any damages to the Tenant's unit and may have even been the cause of additional damage to the unit. The Landlord did not advise the Tenant of the flooding and took no action to immediately remediate the flooding to mitigate any damages.
The Tenant was able to grab some clothes and stuff for their children after the fire. The Tenant reached out to the Landlord on multiple occasions to see when they could return or to get some items, but the Landlord did not provide any information. The Tenant went into the unit in April 2023 and took a couple videos, and there was nothing wrong with the unit at that time.
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Application Fee
$53
Administrative Fine Payable to LTB
$35,000
Fine Payable By: Equity Builders Ltd.
Click to switch between order outcomes
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Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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