Ferguson v Oskouyan
Last updated: August 9, 2026
Order
Decision in favor of
Tenant
Subsections of RTA Quoted
Agree with the ruling?
Citation: Ferguson v Oskouyan, 2026 ONLTB 24461
File Number: LTB-T-012337-24
Timeline
Hearing Date
Dec 2025
Order Date
Mar 26, 2026
Decision
Tenant application granted: Landlord failed to maintain unit and interfered with reasonable enjoyment; Landlord to pay $20,852.52 and complete repairs. Landlord application dismissed.
Dispute
Tenant applied for maintenance and interference issues (T2/T6). Landlord applied for termination and compensation (L2). Tenant proved failure to maintain and substantial interference. Landlord's application for eviction and compensation was dismissed due to lack of evidence.
Determinations
- Landlord failed to maintain the rental unit (roof, bathroom, structural issues).
- Landlord substantially interfered with Tenant's reasonable enjoyment.
- Landlord's L2 application for eviction and compensation is dismissed due to lack of evidence and failure to meet the burden of proof.
Landlord's Arguments
Arguments
Landlord argued the Tenant was retaliatory, had caused damage, and had refused entry.
Actions and Evidence
Landlord acknowledged using temporary repairs (plywood/tarp) for years rather than permanent professional repairs.
Procedural Errors
Failed to provide proper evidence for claims and failed to comply with municipal by-law orders.
Considerations
Disrespectful communication towards TenantNon-compliance with municipal ordersInadequate maintenance practices
Tenant's Arguments
Arguments
Tenant argued that the Landlord failed to maintain the unit in accordance with Section 20 of the RTA and that such failure substantially interfered with her reasonable enjoyment.
Actions and Evidence
Tenant identified ongoing roof leaks, ceiling collapse, and pest intrusion, supported by independent municipal by-law orders.
Considerations
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