Skyline Living v Mainprize

Tenant wins · Kingston · 2022-01-18

Adjudicator

Elle Venhola

Dispute

Breach of Conditions

Amount

<$5K

Landlord

S.L.

Tenant

K.M.

Landlord rep

Brad Casnaw

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a previous order. The condition was that the Tenant, occupants, and guests must wear face masks in the common areas of the residential complex. The Tenant argued that she has taken reasonable steps to comply with the condition, but cannot compel her guests to wear masks.

The ruling

The motion to set aside the previous order is granted. The previous order is cancelled and replaced with a new order that modifies the conditions regarding face masks. The Tenant is required to take reasonable steps to ensure her guests wear masks, and the Landlord has a joint responsibility to ensure compliance with the face mask requirement.