Cardella v Freiman Investments Inc.

Last updated: January 12, 2025

Order

Ordered by Kate Sinipostolova,Tribunals Ontario  under Section 31, Residential Tenancies Act, 2006

Order Date: September 13, 2024
Unit ***, 24 Burnhamthorpe Rd, Etobicoke, ON M9A1G8
Contested Dispute

Decision in favor of

Landlord

Dispute Categories

Subsections of RTA Quoted

2022
ContentionLow

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Citation: Cardella v Freiman Investments Inc., 2024 ONLTB 65103

File Number: LTB-T-008583-23

Timeline

Application Date

Sep 2023

9 months

Hearing Date

May 2024

4 months

Order Date

Sep 13, 2024

Decision

The Tenant's application is dismissed as the Tenant did not prove the allegations on a balance of probabilities. The Landlord acted reasonably in addressing the maintenance issue, and there was no breach of maintenance obligations under section 20 of the Act.

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Dispute

Tenant applied for an order determining that the Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household.

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Determinations

  • Tenant did not prove allegations on a balance of probabilities
  • Landlord responded promptly to initial report of leak
  • Landlord ordered replacement parts without delay
  • Landlord coordinated work to avoid leaving Tenant without kitchen
  • Landlord's response to maintenance issue was reasonable
  • No breach of maintenance obligations under section 20 of the Act
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Landlord's Arguments

Tenant's Arguments

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