Tenant Wins Appeal: Barnaby v Salamander Opportunities 2018
Divisional Court upholds $15655 award to tenant for illegal lockout after fire repairs
Summarized by RentZenLast updated: August 16, 2024
Case Summary
178 Owen Street, Barrie, ON
Decision in favor of
tenant
Balance Owed to Tenant
$15,656
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Sep 2018
Order Date
Sep 27, 2018
Dispute Summary
The landlord appealed a Landlord Tenant Board decision that found they had illegally locked out the tenant by failing to provide replacement keys after repairs from a fire. The Board had ordered the landlord to pay the tenant $15,655.70 for storage expenses and increased rental costs. The landlord sought to have this order set aside.
Determinations
- The appeal does not raise questions of law
- The Board's application of the doctrine of frustration was reasonable
- The Board's calculation of the remedy was not appealable
- There was no procedural unfairness or bias by the Board
Case Study
The court found that the landlord's grounds of appeal did not raise questions of law, but rather questions of mixed fact and law, which are not appealable. The court also rejected the landlord's claims of procedural unfairness and bias by the Board.
Arguments and Actions
Landlord
Arguments
Landlord argued tenant had abandoned the unit, fundamentally breached the agreement, or the agreement was frustrated due to the fire.
Actions
Landlord failed to provide tenant with replacement keys after repairs were completed. Landlord rented unit to new tenant in July 2017.
Procedural Errors
Landlord improperly submitted documents to Board outside of hearing process.
Aggravating Factors
Failed to provide tenant with replacement keys after repairs, rented unit to new tenant
Tenant
Arguments
Tenant argued they were illegally locked out when landlord failed to provide replacement keys after repairs were completed.
Actions
Tenant vacated rental unit when asked by landlord to allow for repairs after fire damage.
Decision Summary
The Divisional Court dismissed the landlord's appeal of the Landlord Tenant Board decision. The court found that the grounds of appeal did not raise questions of law and there was no procedural unfairness. The Board's order for the landlord to pay the tenant $15,655.70 for illegal lockout was upheld.
Adjudicator Details
Divisional Court
Total Orders
6
Landlord Favorable
66.7%
Tenant Favorable
33.3%
Mutual Agreement
0.0%
Need assistance from an expert?
Sponsored
Financial Details
Other Owed Amount
$15,656
Storage expenses and increased rental costs
Total Owing
$15,656 (Owed to Tenant)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.