Tenant's Harassment Claim Dismissed: Nicholas v Reisel 2024
Tenant's harassment application against landlord dismissed for lack of specifics and being outside time limits
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 280 Sammon Ave, East York, ON M4J1Z7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Nov 2022
Hearing Date
May 2024
Order Date
May 28, 2024
Dispute Summary
Tenant filed a T2 application alleging landlord harassment, obstruction, coercion, threats, and interference. Most claims were outside the one-year limitation period, and the application lacked substantive details.
Determinations
- Most claims occurred more than one year before application
- Application lacks substantive details about harassment
- Tenant unable to provide specific allegations
- Remedies sought were not supported by pleadings
Case Study
The application was dismissed due to lack of specific details, most claims being outside the limitation period, and inability to substantiate harassment claims.
Arguments and Actions
Landlord
Arguments
Raised issues of time limitation and lack of application details
Tenant
Arguments
Alleged landlord harassment and interference
Actions
Claimed harassment and filed application with arbitrary rent abatement amount
Procedural Errors
Filed application without sufficient details and outside limitation period
Decision Summary
The Tenant's T2 application was dismissed due to lack of specific details, most claims being outside the one-year limitation period, and inability to substantiate harassment claims.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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