Spadina Towers Inc. v Rodriguez - LTB Ruling on Undue Damage
LTB orders Toronto tenant to pay filing fees and avoid further elevator damage after relatives' actions triggered safety stop
Summarized by RentZenLast updated: October 13, 2024
Case Summary
666 Spadina Ave, Toronto, ON M5S2H8
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
May 2024
Order Date
Aug 22, 2024
Dispute Summary
The Landlord applied to terminate the tenancy and evict the Tenants due to substantial interference with the reasonable enjoyment of the landlord or another tenant, and for undue damage to the property. The Landlord claimed the Tenant's relatives were jumping in the elevator, causing it to stop, and the Landlord incurred costs due to a non-emergency fire department visit.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void N5 Notice related to undue damage
- Tenant's relatives caused elevator to stop by jumping/bouncing
- Elevator stoppage resulted in undue damage
- Landlord's claim for fire department charges dismissed
Arguments and Actions
Landlord
Arguments
Landlord argued the elevator stopped due to the Tenant's relatives jumping in it, triggering the safety mechanism.
Tenant
Arguments
Tenant argued the elevator stopped on its own and her family members were only 'bouncing' rather than jumping.
Actions
Tenant's relatives were in the elevator when it became stuck, and the Tenant called emergency services to assist them.
Decision Summary
The Landlord's application is granted, but the claim for compensation is dismissed. The Tenant is ordered to pay the Landlord $186 for the application filing fee by September 30, 2024. The Tenant is also ordered not to cause undue damage to the elevator by jumping or bouncing in it, or permit others to do so, for one year from the date of the order.
Adjudicator Details
LTB Member
Total Orders
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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