Abrahams v Shcolyar

Landlord wins · Mississauga · 2025-11-18

Adjudicator

Brenda Mercer

Dispute

Maintenance, Tenant Rights

Notice

Tenant rights (T2), Maintenance (T6)

Landlord

G.S.

Tenant

K.A.

Landlord rep

Jack Berger, Daniel Hrycyna

Tenant rep

Domenic Bottiglieri

What happened

The Tenant applied for remedies alleging the Landlord substantially interfered with their enjoyment of the unit and failed to meet maintenance obligations. Key complaints included recurring roof leaks, a raccoon infestation in the attic, furnace issues, and verbal harassment. The Tenant sought a significant rent abatement and compensation for renting an external art studio because the garage roof leaked. The Landlord countered that they had responded promptly to all issues, spending approximately $50,000 on roof repairs and attending to wildlife issues multiple times.

The ruling

Both the T2 and T6 applications filed by the Tenant were dismissed. The Board found the Landlord met their maintenance obligations by responding to complaints in a timely fashion and investing significantly in repairs. The claims for substantial interference were either outside the limitation period or not supported by sufficient evidence of a breach. No compensation or rent abatement was awarded.