Tenant's Maintenance Claim Dismissed: Ricciuti v GWL Realty Advisors 2024
Tenant's maintenance claim against GWL Realty Advisors dismissed after alleging unsafe renovation practices
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 360 Torrance St, Burlington, ON L7R2R9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
May 2024
Order Date
Jul 8, 2024
Dispute Summary
Tenant filed a T6 application alleging the Landlord failed to meet maintenance obligations during renovations in the residential complex, claiming unsafe work conditions and potential toxic exposure.
Determinations
- Tenant did not prove maintenance breach
- Landlord provided 60-day notice of renovations
- Ministry of Labour found no violations
- Tenant did not inform Landlord of concerns before filing application
Case Study
Application analyzed under subsection 20(1) of the Residential Tenancies Act, considering contextual approach from Onyskiw v. CJM Property Management Ltd.
Arguments and Actions
Landlord
Arguments
Renovations conducted safely, Ministry of Labour found no violations
Actions
Provided 60-day advance notice of renovations, implemented dust control and safety measures
Tenant
Arguments
Renovations conducted unsafely, exposed toxic materials present
Actions
Tenant claimed renovations were unsafe, left unit on September 8, 2023, and never returned. Reported dog became ill during renovations.
Procedural Errors
Did not notify landlord of concerns before filing application
Decision Summary
Tenant's application dismissed. Landlord found to have conducted renovations reasonably and safely, with no proven maintenance breach.
Adjudicator Details
LTB Member
Total Orders
14
Landlord Favorable
78.6%
Tenant Favorable
7.1%
Mutual Agreement
14.3%
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