Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
$2,365
to Tenant
Agree with the ruling?
Citation: Swan v. Liang, 2019 ONSC 1573
File Number: EAT-64913-17
Tenancy End Date
Apr 2017
Hearing Date
Feb 2019
Order Date
Mar 18, 2019
The Divisional Court allowed the tenant's appeal, set aside the Board's decision, and ordered compensation to the tenant. The Court found that the Board made several errors of law and failed to provide an appropriate remedy for the landlord's breach of obligations. The tenant was awarded $2,365.11 in compensation, which included the return of the deposit and prepaid rent, as well as reimbursement for hotel costs and utilities.
Tenant appealed a Landlord and Tenant Board decision that dismissed his T2 and T6 applications against the landlord. The tenant claimed the landlord substantially interfered with reasonable enjoyment and failed to meet maintenance obligations, as the rental unit was not fit for habitation when the tenant and his family moved in.
The landlord argued that the tenant knew the unit would not be ready within two weeks and that he had informed the tenant more time was needed.
Landlord failed to complete necessary repairs and make the unit habitable by the agreed-upon date. The unit had numerous safety hazards and deficiencies when the tenant moved in.
Landlord failed to make the unit habitable by the agreed-upon date and expected the tenant's family to stay in an unsafe unit while repairs continued.
The tenant argued that the landlord substantially interfered with reasonable enjoyment and failed to meet maintenance obligations under the Residential Tenancies Act.
Tenant and his family stayed one night in the unit but decided to leave the next day due to its poor condition and safety concerns.
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Lawful Rent
$1,450
Rent Deposit
$2,175
Other Amount
$290
Hotel cost and utilities paid for unoccupied unit
Ordered Amount
$2,365 (to Tenant)
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
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Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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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.
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