Hawkins v Jurgens
Last updated: August 9, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Subsections of RTA Quoted
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PDF provided by the Ontario LTB Order Catalogue
Citation: Hawkins v Jurgens, 2026 ONLTB 15426
File Number: LTB-T-091149-24
Timeline
Hearing Date
Jan 2026
Order Date
Feb 20, 2026
Decision
The Tenant succeeded in proving harassment and substantial interference by the Landlord. The Landlord is ordered to pay $148.00 in total compensation and to refrain from further prohibited conduct.
Dispute
Tenant alleged that Landlords engaged in harassment, substantially interfered with reasonable enjoyment, and withheld vital services (water).
Determinations
- Landlord breached sections 22 and 23 of the Act due to harassment and substantial interference in July 2024.
- Claims regarding vital services (water) were dismissed as the Tenant failed to prove intentional withholding.
- Deck dispute did not constitute a breach of the Act.
- Tenant is awarded a rent abatement of $100.00 and recovery of the application filing fee.
Landlord's Arguments
Arguments
Landlord argued that deck removal was due to municipal compliance and that water shut-offs were necessary for repairs.
Actions and Evidence
Landlord admitted to calling the Tenant 'stupid' during a phone call and acknowledged being angry.
Considerations
Used abusive languageIntimidating conduct
Tenant's Arguments
Arguments
Tenant argued that Landlord's conduct in July 2024 interfered with reasonable enjoyment and constituted harassment.
Actions and Evidence
Tenant testified to the male Landlord appearing intoxicated, making demands, and being confrontational.
Considerations
Similar Cases
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Downey-Thomas v Lacson
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Old Oak Properties Inc. v Last
The Landlord established substantial interference due to excessive communications, but relief from eviction was granted allowing the tenancy to continue on conditions.
Algoma District Services Administration Board v Martel
The LTB issued an ex parte order terminating a tenancy and ordering eviction after the tenant breached the conditions of a previous order.
Smith v Lee
An LTB order awards a Landlord unpaid water charges and filing fees after the Tenant vacates the rental unit.
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Old Oak Properties Inc. v Last
The Landlord established substantial interference due to excessive communications, but relief from eviction was granted allowing the tenancy to continue on conditions.
Algoma District Services Administration Board v Martel
The LTB issued an ex parte order terminating a tenancy and ordering eviction after the tenant breached the conditions of a previous order.
Smith v Lee
An LTB order awards a Landlord unpaid water charges and filing fees after the Tenant vacates the rental unit.
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Old Oak Properties Inc. v Last
The Landlord established substantial interference due to excessive communications, but relief from eviction was granted allowing the tenancy to continue on conditions.
Algoma District Services Administration Board v Martel
The LTB issued an ex parte order terminating a tenancy and ordering eviction after the tenant breached the conditions of a previous order.
Smith v Lee
An LTB order awards a Landlord unpaid water charges and filing fees after the Tenant vacates the rental unit.
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Old Oak Properties Inc. v Last
The Landlord established substantial interference due to excessive communications, but relief from eviction was granted allowing the tenancy to continue on conditions.
Twaseen v Zhang
The tenant's application alleging substantial interference and harassment was withdrawn upon request and the file was closed.
C***** Barrientos v Sherritt
An LTB order dismisses a tenant's T2 application for substantial interference, maintenance failures, and harassment after finding the allegations unproven.
Celik v Celik
The LTB dismissed the tenant's application because the Residential Tenancies Act did not apply due to the shared use of kitchen and bathroom facilities with the landlord and the landlord's mother.
Savannah Land Corporation v Dickerson
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