Landlord Wins Substantial Interference Case: Izzard v Morrissette 2023
LTB dismisses tenant's harassment and illegal entry claims against Toronto landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
423 Shuter Street, Toronto, ON M5A1X4
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Mar 2020
Hearing Date
Oct 2021
Order Date
Aug 15, 2023
Dispute Summary
The tenant filed an application alleging that the landlord substantially interfered with her reasonable enjoyment of the rental unit, illegally entered her unit, and harassed, coerced, obstructed, threatened or interfered with her. The tenant also complained about the conduct of the upstairs tenant.
Determinations
- Landlord took reasonable steps to address upstairs tenant issues
- Landlord's entry into tenant's unit was in response to maintenance issue
- Tenant did not provide sufficient evidence to support allegations
Case Study
The landlord took reasonable steps to address the issues with the upstairs tenant, who subsequently moved out. The landlord's entry into the tenant's unit, while not providing the required 24-hour notice, was in response to a maintenance issue. The tenant did not provide sufficient evidence to support her allegations.
Arguments and Actions
Landlord
Actions
Landlord entered tenant's unit to address internet service issue, did not provide 24-hour notice.
Tenant
Actions
Tenant alleges landlord entered her unit illegally and harassed her.
Decision Summary
The tenant's application is dismissed. The landlord took reasonable steps to address the issues with the upstairs tenant, and the tenant did not provide sufficient evidence to support her allegations.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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Financial Details
Damages
$4,116
Other Owed Amount
$17
cost of replacement broom
Source
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