Landlord Breaches Confidentiality in Domestic Violence Case: Edwards v S Four Inc. 2023
Landlord ordered to pay $2500 for breaching confidentiality in domestic violence case
Summarized by RentZenLast updated: August 23, 2024
Case Summary
Unit ****, 225 Old Carriage Drive, Kitchener, ON N2P1H5
Decision in favor of
tenant
Balance Owed to Tenant
$2,553
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Apr 2022
Order Date
Jan 4, 2023
Dispute Summary
Tenant filed a T2 application alleging that the Landlord substantially interfered with reasonable enjoyment by breaching confidentiality regarding the Tenant's N15 Notice (Tenant's Notice to End Tenancy Because of Fear of Sexual or Domestic Violence and Abuse).
Determinations
- Tenant issued valid N15 Notice with termination date of August 20, 2021
- Landlord breached confidentiality by disclosing N15 Notice to co-tenant's mother
- Tenant experienced mental and emotional distress due to breach
- Landlord's actions were not malicious and they apologized promptly
Case Study
The Landlord breached section 47.4(1) of the Residential Tenancies Act by disclosing to the co-tenant's mother (guarantor) that an N15 Notice was received. This breach of confidentiality constitutes substantial interference with the Tenant's reasonable enjoyment.
Arguments and Actions
Landlord
Arguments
The Landlord argued that they were unaware of what an N15 Notice was at the time and did not research it before contacting the co-signer.
Actions
Landlord disclosed the receipt of N15 Notice to the co-tenant's mother (guarantor) on the same day it was received. Landlord claimed the initial N15 Notice was blurry and unreadable.
Procedural Errors
Landlord failed to maintain confidentiality regarding the N15 Notice as required by section 47.4(1) of the Residential Tenancies Act.
Tenant
Arguments
The Tenant argued that the Landlord's breach of confidentiality led to more harassment and uninvited interaction from the co-tenant, causing mental and emotional distress.
Actions
Tenant issued two N15 Notices, with the second having a termination date of August 20, 2021. Tenant vacated the unit on July 20, 2021, briefly returned on August 4, 2021, and then moved out again before August 20, 2021.
Decision Summary
The Landlord and Tenant Board found that the Landlord breached confidentiality regarding the Tenant's N15 Notice. The Landlord is ordered to pay the Tenant $2,500.00 in general damages plus $53.00 for the application filing fee, totaling $2,553.00.
Adjudicator Details
LTB Member
Total Orders
549
Landlord Favorable
94.0%
Tenant Favorable
2.7%
Mutual Agreement
3.3%
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Financial Details
Application Fee
$53
Damages
$2,500
Total Owing
$2,553 (Owed to Tenant)
Source
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