Landlord Wins Substantial Interference Case: Doss v G.R. Feldman Investments Ltd. 2023
Tenant's claim of substantial interference from construction noise in Toronto rental unit dismissed by LTB
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 45 Balliol Street, Toronto, ON M4S1C3
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Mar 2021
Hearing Date
May 2023
Order Date
Aug 9, 2023
Dispute Summary
Tenant filed a T2 application alleging that constant, noisy repair work carried out in the residential complex on a regular basis, for months, caused him stress, upset, and impeded his ability to work from home, and it substantially interfered with his reasonable enjoyment of his rental unit and the residential complex.
Determinations
- Tenant filed T2 application alleging substantial interference
- Tenant moved in July 2020, moved out July 2021
- Rent was $1,550/month
- Noisy repair work started in January 2021
- Tenant offered quiet room to work, but refused
- Tenant claimed lost job due to noise, but no proof provided
- Landlord provided notice about upcoming renovations
Case Study
The Tenant failed to prove, on a balance of probabilities, that the interference was unreasonable in the circumstances so as to meet the bar provided by subsection 8(3) of O. Reg. 516/06, and it cannot therefore be said to be substantial.
Arguments and Actions
Landlord
Arguments
Landlord submitted that the Tenant's application should be dismissed, as the Tenant received and signed an acknowledgement that he was aware of the work that would go on prior to moving in.
Actions
Landlord's witness said that the Tenant was offered a quiet room to work, but he refused it. Landlord's witness said that there was no work being done in January and February 2021.
Tenant
Arguments
Tenant submitted that the Landlord failed to inform him about the extent, duration, and frequency of the noise caused by construction, and he would never have entered the tenancy if he had been fully informed.
Actions
Tenant said that undue repair and construction noise commenced in September 2020, but he was not worried about "minor noise" between September 2020 and December 2020. He began complaining about the undue noise in January 2021.
Decision Summary
The Tenant's application is dismissed.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Lawful Rent
$1,550
Source
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