Last updated: August 16, 2024
Agree with the ruling?
Citation: Bailey v. Capreit Limited Partnership, 2022 ONSC 5487
File Number: DC-22-195 and DC-22-196
Tenancy End Date
Jul 2021
Hearing Date
Sep 2022
Order Date
Sep 27, 2022
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.
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.
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.
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.
The tenant filed multiple applications with the LTB for the same issues and sought to appeal LTB decisions granting partial remedies.
Need assistance from an expert?
Lawful Rent
$128
Damages
$1,584
Click to switch between order outcomes
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.
Landlord wins LTB case against Mississauga tenants for non-payment of rent, tenancy terminated and tenants ordered to pay over $13,000.
Toronto tenant faces eviction for non-payment of $5,436 in rent arrears.
