Newman v Jagersma
Last updated: February 7, 2026
Order
Ordered by Rema El-Tawil,Tribunals Ontario under Section 87, Residential Tenancies Act, 2006
Dispute resolved in
Agreement
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Citation: Newman v Jagersma, 2025 ONLTB 72719
File Number: LTB-L-054352-23
Timeline
Tenancy End Date
Sep 2022
Application Date
Nov 2023
Hearing Date
Sep 2025
Order Date
Nov 21, 2025
Decision
The Former Tenant is ordered to pay the Landlord $1,236.30 for damages to the bathroom and kitchen. The Landlord's claim for rent arrears was dismissed because the Landlord had previously agreed to the tenant's deduction for work performed. Several other damage claims were dismissed due to insufficient evidence or lack of financial loss.
Dispute
The Landlord applied for rent arrears and damages against a Former Tenant who was also a former superintendent of the complex. The Landlord claimed $510.00 in rent arrears which the Tenant had deducted for pest control work. The Landlord also claimed for various damages including bathroom and kitchen cabinets, electrical tampering, and the unauthorized removal of a tree. The Tenant argued the rent deduction was approved and that some damages were pre-existing or related to his former duties as superintendent.
Determinations
- Landlord agreed to $510.00 rent reduction for pest control work
- Tenant negligently caused damage to bathroom sink and cabinets
- Tenant caused damage to kitchen cabinets beyond normal wear and tear
- Insufficient evidence that Tenant caused window or baseboard damage
- Insufficient evidence of electrical tampering by the Tenant
- No financial loss proven for the removal of a tree
Landlord's Arguments
Arguments
Argued the Tenant caused willful and negligent damage to multiple parts of the century home and failed to provide replacements or repairs as promised in emails.
Actions and Evidence
The Landlord testified that the Tenant chopped down a 20-foot tree and alleged the Tenant was running a 'hydroponic business' and tampered with the electricity.
Tenant's Arguments
Arguments
Argued that many of the alleged damages were pre-existing, caused by external maintenance issues (eavestroughs), or were part of authorized work during his time as superintendent.
Actions and Evidence
The Former Tenant admitted to removing the sink and making alterations but claimed he did so as part of his superintendent duties. He provided evidence that the landlord approved his rent deduction for pest control work. He also submitted FOI requests to the ESA to prove no electrical permits were issued for the complex.
Need assistance from an expert?
Similar Cases
Latest Insights from Our Blog
Stay informed with expert analysis on rental law, tenant rights, and LTB decisions
Brampton LTB Paralegals for Landlords: How to Find the Right Legal Help (2026 Guide)
Need a landlord paralegal in Brampton? Learn what licensed paralegals do at the LTB, how they help with evictions and rent arrears, and meet Peel Region professionals ranked by real case records.
Brampton Tenant Paralegals: How to Find LTB Representation and Defend Your Rights (2026)
Facing eviction or landlord harassment in Brampton? Learn what tenant paralegals do at the LTB, when to hire one, and meet Peel Region advocates ranked by real tribunal records.
London, Ontario LTB Paralegals for Landlords: How to Find the Right Legal Help (2026 Guide)
Need a landlord paralegal in London, Ontario? Learn what licensed paralegals do at the LTB, how they help with evictions and rent arrears, and meet Southwestern Ontario professionals ranked by real case records.
Need Legal Help? We've Got You Covered
Whether you need to find qualified legal professionals or post your specific legal needs to get competitive quotes, our platform connects you with the right help.
Find Legal Professionals
Browse our directory of verified paralegals and lawyers specializing in Ontario rental law and LTB matters.
Browse ProfessionalsPost Your Legal Needs
Describe your legal situation and receive competitive quotes from qualified professionals in our marketplace.
Post a BountyJoin thousands of Ontarians who have found legal help through our platform