Divisional Court Upholds LTB Decisions in Bailey v. Capreit Limited Partnership: Bailey v. Capreit Limited Partnership 2022
Divisional Court dismisses tenant's appeal of LTB decisions on noise complaints and damages, finding no legal errors
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Jul 2021
Hearing Date
Sep 2022
Order Date
Sep 27, 2022
Dispute Summary
Tenant appealed three LTB decisions related to his claim for damages and rent abatement against his landlord due to excessive noise from adjacent units. The LTB had previously granted partial remedies to the tenant, including a rent abatement and damages for pain and suffering. The tenant sought to appeal these decisions, arguing for higher damages.
Determinations
- No legal errors identified in LTB decisions
- Assessment of evidence and findings of fact not subject to appeal
- No error in LTB's analysis of general damages
- LTB entitled to control its own process
Case Study
The Divisional Court found no legal errors in the LTB's decisions. The court noted that the assessment of evidence and findings of fact are not subject to appeal. The court also found no error in the LTB's analysis of general damages, considering it a question of mixed fact and law. The court dismissed the tenant's complaints about procedural issues, noting that the LTB is entitled to control its own process.
Arguments and Actions
Landlord
Actions
The landlord breached its obligations under s. 22 of the Residential Tenancies Act by not taking adequate measures to stop disruptive noise coming from adjacent units.
Tenant
Arguments
The tenant argued that the damages awarded were inadequate because the landlord is a multi-million dollar corporation and the damages were not sufficient to dissuade or prevent the landlord from repeating this behavior with other tenants.
Actions
The tenant filed multiple applications with the LTB for the same issues and sought to appeal LTB decisions granting partial remedies.
Decision Summary
The Divisional Court dismissed the tenant's appeal of three LTB decisions. The court found no legal errors in the LTB's rulings regarding the tenant's claims for damages and rent abatement due to excessive noise. The court upheld the LTB's previous decisions, which had granted partial remedies to the tenant, including a rent abatement and damages for pain and suffering.
Adjudicator Details
Divisional Court
Total Orders
21
Landlord Favorable
71.4%
Tenant Favorable
28.6%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$128
Damages
$1,584
Source
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