Fortier v Raffi

Tenant wins · Cornwall · 2021-11-16

Adjudicator

Harry Cho

Dispute

Maintenance

Amount

<$5K

Landlord

M.R.

Tenant

J.F.

Landlord rep

D. Sabourin

Tenant rep

K. Ying

What happened

Tenant applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. A fire occurred at the residential complex on March 6, 2021, rendering the rental unit uninhabitable.

The ruling

The Tenant's obligation to pay rent to the Landlord is suspended as of March 7, 2021 and shall continue until the Tenant is able to re-occupy the rental unit. The Landlord is ordered to repair the rental unit and provide it to the Tenant for residential use at the March 2021 rent by March 31, 2022. The Landlord is ordered to pay the Tenant $53 for the cost of filing the application, and if the Landlord does not pay by November 27, 2021, the Landlord will owe interest at 2% annually on the outstanding balance.