O'Grady v 6891799 Canada Inc.

Split/Other wins · Brantford · 2023-03-16

Adjudicator

Ian Speers

Dispute

Substantial interference, Maintenance, Withholding of vital services

Landlord

6891799 Canada Inc.

Tenant

G.O., A.S., J.O.

Landlord rep

Sibthey Hasnain

Tenant rep

Carmen Dawdy

What happened

Tenants applied for orders determining that the Landlord failed to meet maintenance obligations and substantially interfered with their reasonable enjoyment of the rental unit and residential complex. The Landlord disconnected vital services to the rental unit.

The ruling

The Landlord failed to meet its maintenance obligations under the Residential Tenancies Act, 2006. A rent abatement of 35% is awarded from March 24, 2020 to March 31, 2023. The Landlord is ordered to repair the septic system, flooring, bathroom, and windows by June 1, 2023. The Landlord unlawfully withheld vital services, resulting in a further 25% abatement for 44 days. The Tenants are awarded reasonable out-of-pocket expenses. The Landlord's attempt to terminate the tenancy was irregular but not harassment.