Landlord Wins Harassment Case: JOHNSTON v THE WEXFORD RESIDENCE INC
Landlord's actions in Scarborough care home dispute found reasonable, tenant's harassment allegations dismissed
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1860 Lawrence Ave E, Scarborough, ON M1R 5B1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Aug 2022
Hearing Date
Aug 2023
Order Date
Dec 22, 2023
Dispute Summary
Tenant applied for an order determining that the Landlord harassed, obstructed, coerced, threatened or interfered with the Tenant. The Tenant's trustees, Jennifer Fellini and Leslie Hofer, and the Tenant's trustees' representative, Shaun Harvey, attended the hearing. The Landlord's agent, Bijaya Singh, and the Landlord's representative, David Lees, also attended the hearing.
Determinations
- Rental unit is a care home
- Landlord provided personal emergency response services and social activities
- Tenant's care service requirements exceeded Landlord's capabilities
- Landlord served N7 notice in good faith
- Landlord's conduct was not vexatious or threatening
Case Study
The Tenant did not prove the allegations contained in the application on a balance of probabilities. The rental unit is a care home, and the Landlord provided personal emergency response services and social activities to the Tenant. The Tenant's care service requirements exceeded the Landlord's capabilities and obligations under the tenancy agreement. The Landlord served the N7 notice in good faith, and the Landlord's conduct was not vexatious or threatening.
Arguments and Actions
Landlord
Actions
Landlord served N7 notice to the Tenant on July 25, 2019 due to the Tenant flooding his unit and units below on July 23, 2019.
Procedural Errors
Landlord served N7 notice instead of L7 application
Tenant
Actions
Tenant vacated the unit on August 15, 2019.
Decision Summary
The Tenant's application is dismissed.
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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