Goodman v Byrne
Last updated: October 12, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Subsections of RTA Quoted
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Citation: Goodman v Byrne, LTB-L-031783-26 (ONLTB)
File Number: LTB-L-031783-26
Timeline
Hearing Date
Jun 2026
Order Date
Jul 28, 2026
Decision
The Landlord's application for compensation for extra electricity costs for additional air conditioners under section 88.2 of the Act is dismissed because extra electricity for an air conditioner is classified as rent and cannot be claimed as an unpaid utility.
Dispute
The Landlord applied for an order requiring the Tenants to pay utility costs resulting from their failure to pay utility costs required under the tenancy agreement due to the use of additional air conditioning units.
Determinations
- The Landlord has not proven on a balance of probabilities the claim for compensation in the application. Therefore, the application is dismissed.
- The Tenants were in possession of the rental unit on the date the application was filed.
- The parties agree that pursuant to the tenancy agreement the Landlord is responsible for all utilities.
- The tenancy agreement indicates that the Landlord agrees to supply and include one portable AC unit for use by the Tenants, and if the Tenants utilize an additional window AC unit then a hydro surplus may be charged.
Landlord's Arguments
Arguments
The Landlord argued that the Tenants failed to pay utility costs required under the tenancy agreement pursuant to section 88.2 of the Act.
Actions and Evidence
The Landlord alleged that the Tenants added three additional AC units in June 2023 and sought payment of increased electricity costs incurred during the summer months.
Considerations
Tenant's Arguments
Actions and Evidence
The Tenants did not dispute operating extra air conditioning units during the summer months, but testified they only turned one unit on at a time in the specific room where it was located.
Considerations
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