Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
$22,492
to Tenant
Agree with the ruling?
Citation: Beseiso v. Presendieu, 2022 ONSC 6424
File Number: DC-21-2644
Application Date
May 2019
Hearing Date
Nov 2022
Order Date
Nov 14, 2022
The Divisional Court dismissed the Landlords' appeal as abandoned and allowed the Tenant's cross-appeal. The court amended the LTB order to include an additional $5,000 in general damages for pain and suffering, bringing the total damages to $17,242.30. The Landlords were also ordered to pay $5,250 plus HST in legal costs to the Tenant.
The Tenant applied to the LTB alleging illegal lock-out, illegal entry, harassment, and interference by the Landlords. The LTB ruled in favor of the Tenant, ordering the Landlords to pay $12,242.30 in damages. The Landlords appealed to the Divisional Court but later abandoned their appeal. The Tenant cross-appealed for additional general damages for pain and suffering.
Landlord illegally locked out the Tenant, harassed the Tenant, and disposed of the Tenant's belongings.
Complete disregard for authority, specifically for the Ministry of Municipal Affairs and Housing. Continued to breach sections 23 and 24 of the RTA despite police advice.
The LTB erred in law by failing to consider or award general damages for pain and suffering caused by the Landlord's illegal lock-out and harassment.
Tenant provided a psychological report describing the impact of his housing situation on his mental health.
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Damages
$17,242
Other Amount
$5,250
Legal costs awarded to Tenant
Ordered Amount
$22,492 (to Tenant)
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
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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.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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.
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