Tenant Wins Additional $5000 in Damages: Beseiso v. Presendieu 2022
Tenant awarded additional $5000 in general damages for illegal lockout and harassment by landlord
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
tenant
Balance Owed to Tenant
$22,492
Dispute Categories
Agree with the ruling?
Timeline
Application Date
May 2019
Hearing Date
Nov 2022
Order Date
Nov 14, 2022
Dispute Summary
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.
Determinations
- LTB erred in not addressing general damages claim
- Evidence supported award of general damages
- Landlord's actions caused psychological distress to Tenant
- Landlord showed complete disregard for authority
- Landlord breached sections 23 and 24 of the RTA
Case Study
The Divisional Court found that the LTB erred in law by failing to address the Tenant's claim for general damages and the evidence supporting it. The court allowed the cross-appeal on this basis and amended the LTB order to include an additional $5,000 in general damages for pain and suffering.
Arguments and Actions
Landlord
Actions
Landlord illegally locked out the Tenant, harassed the Tenant, and disposed of the Tenant's belongings.
Aggravating Factors
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.
Tenant
Arguments
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.
Actions
Tenant provided a psychological report describing the impact of his housing situation on his mental health.
Decision Summary
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.
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
Damages
$17,242
Other Owed Amount
$5,250
Legal costs awarded to Tenant
Total Owing
$22,492 (Owed to Tenant)
Source
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