Maracle v Lyons
Last updated: March 1, 2026
Order
Ordered by Renée Lang,Tribunals Ontario under Section 21.2, Statutory Powers Procedure Act and the Residential Tenancies Act, 2006
Decision in favor of
Landlord
Previous Order
Upheld
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Citation: Maracle v Lyons, 2026 ONLTB 2209
File Number: LTB-T-048525-22-RV
Timeline
Order Date
Jan 2, 2026
Decision
The request for a review of the order dated September 3, 2025, is denied. The original order, which dismissed the Tenant's application against the Landlord, is confirmed and remains unchanged. The Tenant failed to demonstrate any serious error in the original adjudicator's findings.
Dispute
The Tenant requested a review of an order dated September 3, 2025, which dismissed her claims regarding illegal entry, substantial interference with enjoyment, and harassment by the Landlord. The Tenant alleged that the Member failed to properly weigh evidence including camera footage of entries, noise logs regarding the Landlord's girlfriend, and an incident involving a friend of the Landlord shining lights into her window. The Tenant also alleged bias by the adjudicator.
Determinations
- Tenant provided video evidence of entries but failed to provide crucial details such as dates and total count.
- Tenant's testimony regarding noise from the Landlord's girlfriend was unsupported and did not meet the burden of proof against the Landlord's denial.
- Landlord's responsibility for a friend shining lights was not established as there was no evidence the Landlord endorsed the conduct.
- Adjudicator's conclusion that multiple videos of music sounded like the same occasion was reasonable.
- No facts were provided to support a reasonable apprehension of bias.
- No serious error in the order or proceedings was identified.
Landlord's Arguments
Arguments
The Landlord relied on the burden of proof, asserting that the Tenant's claims were unsupported by evidence beyond her own testimony.
Actions and Evidence
The Landlord denied the allegations of noise and illegal entry, and denied knowledge of any third party shining lights into the Tenant's windows.
Tenant's Arguments
Arguments
The Tenant argued that the Member erred by ignoring her specific testimony regarding illegal entries captured on camera and noise disturbances, and further alleged that the Member exhibited bias in favor of the Landlord.
Actions and Evidence
The Tenant submitted videos of the Landlord entering the unit and playing loud music, and testified that the Landlord's girlfriend was 'stomping, dragging her feet and slamming doors' on multiple dates in August 2022.
Procedural Errors
The Tenant failed to provide specific dates and times for the alleged entries shown in video evidence.
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