Medallion Corporation v. McIlroy: Landlord's Appeal Dismissed in Noise Complaint Case
Landlord's appeal dismissed in noise complaint case involving child with autism, upholding LTB's order for rent abatement and soundproofing investigation
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
tenant
Balance Owed to Tenant
$7,420
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Sep 2023
Order Date
Sep 21, 2023
Dispute Summary
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.
Determinations
- LTB Member did not err in law
- LTB Member considered the child's disability
- Landlord could have taken more steps for soundproofing
- Human Rights Code argument raised too late
- No legal error in considering substance of noise complaints
Case Study
The Divisional Court found no error of law in the LTB's decision. The Court noted that the LTB Member was aware of the child's disability and did not order anything that would discriminate against the child. The Landlord's argument about Human Rights Code considerations was raised for the first time on appeal and overlooked the LTB's finding that more steps could have been taken for soundproofing.
Arguments and Actions
Landlord
Arguments
The Landlord argued on appeal that the LTB failed to consider Human Rights Code implications regarding the neighboring child with autism.
Actions
Landlord sent notices to the neighboring tenant in response to noise complaints but took no further action.
Procedural Errors
Landlord raised Human Rights Code argument for the first time on appeal, which is not normally permitted.
Tenant
Arguments
The Tenant argued that the Landlord failed to take sufficient action to address the noise complaints, as required by law.
Actions
Tenant filed an application with the LTB alleging interference with reasonable enjoyment due to noise from a neighboring unit.
Decision Summary
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.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
56.3%
Tenant Favorable
25.0%
Mutual Agreement
18.8%
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Financial Details
Other Owed Amount
$7,420
Rent abatement awarded by LTB
Total Owing
$7,420 (Owed to Tenant)
Source
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