Mir-Khaef v. Reid: Landlord's Appeal Dismissed in Flood Damage Case
Landlord's appeal dismissed: Tenants not liable for $25000 flood damage despite lapsed insurance
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Mar 2020
Order Date
Mar 4, 2020
Dispute Summary
Landlord appealed a Landlord and Tenant Board decision that dismissed her application for compensation from Tenants for flood damage to a leased condominium unit. The Board found the Tenants were not negligent and their failure to maintain insurance as required by the lease did not make them liable for repair costs.
Determinations
- Tenants were not negligent in causing the flood
- Landlord failed to prove tenant insurance would have covered the damage
- Board's finding of no negligence was supported by evidence
- No error in Board's interpretation of 'undue damage'
- No palpable and overriding error in Board's factual findings
Case Study
The court dismissed the Landlord's appeal, finding no errors of law in the Board's decision. The court noted that the Landlord failed to prove that tenant insurance would have covered the damage, and that the Board's finding of no negligence was supported by evidence.
Arguments and Actions
Landlord
Arguments
Landlord argued that the damage was caused by Tenants' negligence and that Tenants' failure to maintain insurance as required by the lease made them liable for the damage.
Actions
Landlord had a plumber make repairs to the bathroom faucet in May 2018 after Tenants reported a problem. Landlord had no insurance on the property.
Procedural Errors
Landlord failed to provide evidence that tenant insurance would have covered the flood damage if it had been in place.
Tenant
Arguments
Tenants argued they were not negligent in causing the flood and that their failure to maintain insurance did not make them liable for the damage.
Actions
Tenants informed the Landlord of a problem with the bathroom faucet in May 2018. In August 2018, when the faucet leaked again, Tenants' efforts to stop the leak caused the connection to fail, releasing water into the unit. Tenants were unable to find the shut-off valve and called building management for assistance.
Decision Summary
The Divisional Court dismissed the Landlord's appeal of the Landlord and Tenant Board decision. The court found no errors of law in the Board's ruling that the Tenants were not negligent in causing the flood damage and that their failure to maintain insurance did not make them liable for repair costs. The Landlord was ordered to pay $4,000 in costs to the Tenants.
Adjudicator Details
Divisional Court
Total Orders
7
Landlord Favorable
57.1%
Tenant Favorable
42.9%
Mutual Agreement
0.0%
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Financial Details
Damages
$25,000
Source
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