Landlord Wins Review Order: Kulikowski v Home2Home Properties 2024

Dispute Summary

The Tenants applied for an order determining that the Landlord altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys, substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household, and withheld or interfered with their vital services or care services and meals in a care home. The Tenants also applied for an order determining that the Landlords failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006, or failed to comply with health, safety or maintenance standards.

Determinations

• The Tenants brought their T2 and T6 applications against the Landlord listed in their application, being Home2Home Properties and Jane Marie Latif.
• The Schedule A to the T2/T6 application states that Alex Abes is the landlord of the tenancy at the rental unit.
• The interim order of November 1, 2022 determined that the proper landlord was not named in the application, and the Tenant was given time to amend their application to name the proper landlord, Alex Abes.
• The Tenant did not comply with the interim order to amend the application to include Alex Abes as the landlord.
• The Tenant's application was dismissed on February 26, 2024 for failure to comply with the interim order.
• The Tenant filed an application for review of the order dated February 26, 2024, which dismissed the Tenant's T2 and T6 applications.

Arguments and Actions