Turliuk v Colagiacomo - Tenant Withdraws Maintenance and Interference Complaints
Tenant withdraws maintenance and interference complaints against landlord, tribunal denies landlord's request for costs
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 304 S Kingsway S, Toronto, ON M6S3T9
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Nov 22, 2023
Dispute Summary
Tenant applied for orders determining that the Landlord failed to meet maintenance obligations or comply with standards, and that the Landlord substantially interfered with the Tenant's reasonable enjoyment due to ongoing maintenance issues and excessive noise from another tenant.
Determinations
- Tenant requested to withdraw applications
- Tribunal consented to withdrawal under s.200(4)
- Landlord's request for costs denied
- Tenant's request for confidentiality order denied
Case Study
The Tenant requested to withdraw the applications as the issues appeared to be resolved by the Landlord's notice to the other tenant. The Landlord requested costs, arguing the applications were frivolous and vexatious, but the Tribunal found the Tenant's conduct was not unreasonable and denied the request for costs.
Arguments and Actions
Landlord
Actions
The Landlord testified that there had been a noise complaint to which the police responded, and that he had issued a notice to the other tenant alleged to have caused the disturbance.
Tenant
Actions
The Tenant testified that the issue had been ongoing and had a significant impact on her mental and physical health.
Decision Summary
The Tenant's applications were dismissed as the Tenant requested to withdraw them, and the Tribunal found the Tenant's conduct was not unreasonable, denying the Landlord's request for costs.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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