LTB Order LTB-T-001661-22

O. under Subsection 30 2023 ONLTB 66027 (CanLII) Residential Tenancies Act, 2006 Citation: G. v S., 2023 ONLTB 66027 Date: 2023-10-05 File Number: LTB-T-001661-22 In the matter of: 2nd Floor, 1445 DAVENPORT RD TORONTO ON M6H2H6 Between: M. G. T. A. G. A. C. S. L. M. G., A. G. (the 'T.') A. F. an O. D. T. C. S. (the 'L.') failed to meet the L.’s maintenance obligations under the Residential Tenancies Act, 2006 (the 'Act') or failed to comply with health, safety, housing or maintenance standards. This application was heard by videoconference on August 22, 2023. Only the T. A. their legal representative, S. Baldeo attended the hearing. As of 1:15pm, the L. was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the T.’ evidence. Determinations: 1. As explained below, the Tenant proved on a balance of probabilities the following allegations contained in the application: • The L. failed to repair a crack in the ceiling within a reasonable amount of time. • The L. failed to repair the balcony door within a reasonable amount of time. O. Page 1 of 4  • The L. failed to address a mold issue in the residential complex within a reasonable amount of time. 2. Therefore, the L. must pay to the T. $5,206.58 as a result of the L.’s breach of the Act. 2023 ONLTB 66027 (CanLII) 3. I find T. the L. failed to meet the L.’s obligations under subsection 20(1) of the Act to repair A. maintain the rental unit. File Number: LTB-T-001661-22 4. In Onyskiw v. CJM Property Management Ltd., 2016 ONCA 477, the Court of Appeal held T. the LTB should take a contextual approach A. consider the entirety of the factual situation in D. whether there was a breach of the L.'s maintenance obligations, including whether the L. responded to the maintenance issue reasonably in the circumstances. The court rejected the submission T. a L. is automatically in breach of its maintenance obligation as soon as an interruption in service occurs. 5. In this case the T. had a number of maintenance issues T. they previously notified the L. of A. were on going as of the date of the hearing. The T. testified T. the L. never came to investigate the issues. As such, I find T. based on the uncontested evidence, the L. did not act reasonably in the circumstances A. failed to respond to the maintenance issues raised by the T.. Remedies 9. The T. filed their application on January 10, 2022 A. moved out of the rental unit March 3, 2021. In keeping with the limitations set out in section 29 of the Act, the period of time T. is relevant to this application is January 10, 2021 to March 3, 2021. 10. The T. seek in their application a 50% rent abatement from February 1, 2020 to March 3, 2021 (13 months). However, as already mentioned- due to the timing of filing of this application I am limited to relevant time period referenced above (January 10, 2021 to March 3, 2021). F. the following reasons, I also do not find T. the T. are entitled to a 50% abatement, rather find T. a 35% rent abatement is more reasonable in the circumstances. 11. Abatement is a contractual remedy T. stands F. the premise T. if a tenant is paying 100% of the rent F. a bundle of goods A. services but is not receiving everything being paid F. then the tenant is entitled to abatement proportional to the difference between what is being paid F. A. what is being received. O. Page 2 of 4  12. Based on the maintenance issues A. the evidence adduced at the hearing, I do not find T. the T. loss use of 50% of the rental unit. However, I recognize the fact T. the maintenance issues were on-going F. quite sometime, the L.’s perceived lack of diligence in responding to the T. A. T. the presence of mold negatively impacted their daily living in the rental unit. Therefore, I find 35% abatement to be reasonable F. the time period January 10, 2021 to March 3, 2021. 2023 ONLTB 66027 (CanLII) 13. The T. monthly rent was $1,900.00 per month. To calculate the daily rent, I took the monthly rent, multiply it by 12, A. divide by 365 days which equals $62.47 per day. 35% of 62.47 is $21.86. The T. shall receive a daily abatement of $21.86 per day from January 10, 2021 to March 3, 2021 (53 days). 14. The T. testified T. as mold spores got into their furniture, they were seeking to be compensated F. the replacement. The T. testified T. the furniture could not be cleaned as the spores would remain in the fabric. The T. are seeking $1,000.00, which represents the value of their couch A. mattress. File Number: LTB-T-001661-22 15. The T. did not provide receipts F. the items purchased- however I find T. this estimated cost F. the two items is reasonable. Therefore, the L. must pay the Tenant $1,000.00 F. the costs to repair or replace property T. was damaged because the L. did not repair or maintain the rental unit or the residential complex. 16. The Tenant incurred the following costs A. out-of-pocket expenses because of the L.’s breach: The T. testified T. as a result of the L. failing to address their maintenance concerns, they needed to vacate the property. Therefore, the L. must pay the Tenant $3,000.00 F. these out-of-pocket expenses. It is ordered T.: 1. The L. shall pay the T. a total of $5,206.58. This amount represents: • $1,158.58 F. a rent abatement F. the period January 10, 2021 to March 3, 2021. • $1,000.00 F. the reasonable costs T. the T. have incurred to replace property T. was destroyed as a result of the L.’s actions. • $3,000.00 F. the reasonable out-of-pocket expenses T. the T. have incurred. O. Page 3 of 4  • $48.00 F. the cost of filing the application. 2. The L. shall pay the T. the full amount owing by October 16, 2023. 3. If the L. does not pay the T. the full amount owing by October 16, 2023, the L. will owe interest. This will be simple interest calculated from October 17, 2023 at 2023 ONLTB 66027 (CanLII) 6.00% annually on the balance outstanding. 4. The tenancy between the L. A. the T. is terminated as of March 3, 2021, the date the T. moved out of the rental unit. October 5, 2023 ____________________________ Date Issued Curtis Begg Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. O. Page 4 of 4