Rose v Metcap Living Management

Landlord wins · Toronto

Dispute

Maintenance, Substantial Interference

Landlord

Metcap Living Management

Tenant

N.R.

Landlord rep

M. Forrester

What happened

Tenant filed T2 and T6 applications alleging substantial interference with reasonable enjoyment and failure to meet maintenance obligations due to mould in the rental unit. Tenant claimed adverse health effects and inability to live in the unit for a period of time due to the mould issue.

The ruling

The Tenant's T2 and T6 applications were dismissed. The Landlord was found to have addressed the mould issue in a timely and appropriate manner. The Tenant failed to provide sufficient evidence linking her health issues to the mould in the unit. The Landlord's failure to respond to emails in February 2017 was not found to constitute substantial interference with the Tenant's reasonable enjoyment.