Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$26,852
to Landlord
Agree with the ruling?
Citation: Sarangan v. Morguard Nar Canada Limited Partnership, 2018 ONSC 2864
File Number: CEL-37265-14
Hearing Date
May 2018
Order Date
May 7, 2018
The Divisional Court dismissed the tenants' appeal of the LTB decision. The court found no error of law in the LTB's ruling that terminated the tenancy and ordered the tenants to pay $24,351.50 for mould damage repair costs. The court also ordered the tenants to pay $2,500 in legal costs to the landlord.
The landlord applied to terminate the tenancy and sought compensation for mould removal allegedly caused by tenants' willful or negligent conduct. The Landlord and Tenant Board granted the application, terminating the tenancy and ordering tenants to pay $24,351.50 for repair costs. Tenants appealed the decision to the Divisional Court.
Landlord argued that tenants' negligence caused mould damage and sought termination of tenancy and compensation.
Landlord's Assistant Property Manager inspected the unit in February 2013 and found it unusually hot and humid, like a 'tropical forest'.
Tenants argued that the LTB Member found negligence without evidence and provided inadequate reasons.
Tenants kept hot and humid conditions in the unit because they thought it would create a better environment for their family.
Tenants persisted in maintaining hot and humid conditions in the unit despite being warned by the landlord's representative.
Need assistance from an expert?
Damages
$24,352
Other Amount
$2,500
Legal costs awarded to landlord
Ordered Amount
$26,852 (to Landlord)
Click to switch between order outcomes
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.