Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
$7,420
to Tenant
Agree with the ruling?
Citation: Medallion Corporation v. McIlroy, 2023 ONSC 5196
File Number: 140/23
Hearing Date
Sep 2023
Order Date
Sep 21, 2023
The Divisional Court dismissed the Landlord's appeal of the LTB decision. The Court found no error of law in the LTB's ruling, which ordered a rent abatement and directed the Landlord to investigate soundproofing options. The Landlord was given an additional 30 days to comply with the original LTB order.
Tenant filed an application alleging interference with reasonable enjoyment due to noise from an adjacent unit occupied by a child with autism. The Landlord and Tenant Board (LTB) ruled in favor of the Tenant, ordering a rent abatement and directing the Landlord to investigate soundproofing options. The Landlord appealed this decision to the Divisional Court.
The Landlord argued on appeal that the LTB failed to consider Human Rights Code implications regarding the neighboring child with autism.
Landlord sent notices to the neighboring tenant in response to noise complaints but took no further action.
Landlord raised Human Rights Code argument for the first time on appeal, which is not normally permitted.
The Tenant argued that the Landlord failed to take sufficient action to address the noise complaints, as required by law.
Tenant filed an application with the LTB alleging interference with reasonable enjoyment due to noise from a neighboring unit.
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Other Amount
$7,420
Rent abatement awarded by LTB
Ordered Amount
$7,420 (to Tenant)
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