Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
$15,656
to Tenant
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Citation: Barnaby v. Salamander Opportunities et al, 2018 ONSC 5749
File Number: DC-17-1071
Hearing Date
Sep 2018
Order Date
Sep 27, 2018
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.
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.
Landlord argued tenant had abandoned the unit, fundamentally breached the agreement, or the agreement was frustrated due to the fire.
Landlord failed to provide tenant with replacement keys after repairs were completed. Landlord rented unit to new tenant in July 2017.
Landlord improperly submitted documents to Board outside of hearing process.
Failed to provide tenant with replacement keys after repairs, rented unit to new tenant
Tenant argued they were illegally locked out when landlord failed to provide replacement keys after repairs were completed.
Tenant vacated rental unit when asked by landlord to allow for repairs after fire damage.
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Other Amount
$15,656
Storage expenses and increased rental costs
Ordered Amount
$15,656 (to Tenant)
Click to switch between order outcomes
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