Tenant Wins Illegal Entry Case: Dorans v CAPREIT 2024
Tenant awarded $1500 in damages after landlord's agent illegally entered rental unit in Kanata
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 800 Eagleson Road, Kanata, ON K2S6P1
Decision in favor of
tenant
Balance Owed to Tenant
$1,553
Dispute Categories
Subsections of RTA Quoted
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Timeline
Application Date
Feb 2023
Hearing Date
May 2024
Order Date
Jun 5, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord illegally entered the rental unit and substantially interfered with the reasonable enjoyment of the rental unit. The application was heard by videoconference on May 29, 2024.
Determinations
- Landlord's agent illegally entered the rental unit on February 7, 2023 without providing prior notice to the Tenant.
- Tenant was in the rental unit alone and naked when the illegal entry occurred.
- Tenant immediately notified the Property Manager about the incident.
- Landlord did not dispute the Tenant's evidence regarding the illegal entry.
Case Study
The Landlord's Legal Representative sought to have the Tenant's application dismissed, arguing that the Landlord named in the application was not the Landlord at the time the illegal entry occurred. However, the Board found that the current Landlord, CAPREIT, is the successor in title and the only respondent who can be named in this application. The Board proceeded to hear the application on its merits.
Arguments and Actions
Landlord
Arguments
Landlord's Legal Representative sought to have the Tenant's application dismissed, arguing that the Landlord named in the application was not the Landlord at the time the illegal entry occurred.
Tenant
Actions
Tenant was in the rental unit alone and naked when the illegal entry occurred.
Decision Summary
The Board found that the Landlord's agent illegally entered the Tenant's rental unit on February 7, 2023 without providing prior notice. The Board awarded the Tenant $1,500 as damages for the breach of privacy, and an additional $53 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
70
Landlord Favorable
74.3%
Tenant Favorable
17.1%
Mutual Agreement
8.6%
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Financial Details
Application Fee
$53
Damages
$1,500
Total Owing
$1,553 (Owed to Tenant)
Source
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