Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
$5,100
to Tenant
Agree with the ruling?
Citation: Dobrydnev v. Meekhail, 2022 ONSC 3206
File Number: DC-703/21
Tenancy End Date
May 2019
Hearing Date
Apr 2022
Order Date
May 31, 2022
The Divisional Court dismissed the landlord's appeal of the LTB decision. The LTB had found that the landlord violated the RTA by illegally entering the tenant's unit, interfering with reasonable enjoyment, and engaging in harassment. The LTB's order for rent abatement of $1400, damages of $3600, and costs of $100 was upheld.
Tenant filed an application with the LTB seeking rent abatement and damages for illegal eviction, lost property, and interference with reasonable enjoyment. Landlord appealed the LTB's decision to the Divisional Court, arguing he was not a landlord as defined by the RTA and that the tenant provided false information.
Landlord argued that he and the tenant were roommates, and therefore the RTA did not apply to their arrangement.
Landlord threatened to evict tenant, showed the unit to potential tenants in mid-April 2019, removed tenant's belongings, and locked tenant out on May 26, 2019.
Landlord attempted to submit new evidence on appeal without proper justification.
Landlord removed tenant's belongings and locked him out of the unit. Landlord also engaged in a campaign of harassment and interference.
Tenant argued that the landlord violated the RTA by illegally entering the unit and interfering with reasonable enjoyment.
Tenant complained about mold and pests in the unit shortly after moving in.
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Lawful Rent
$700
Rent Deposit
$1,400
Damages
$3,600
Other Amount
$100
costs
Ordered Amount
$5,100 (to Tenant)
Click to switch between order outcomes
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