Baharikhoob v Fairbairn

Tenant wins · Barrie · 2025-11-21

Adjudicator

Madeline Ntoukas

Dispute

Damage to Property

Landlord

A.B.

Tenant

M.F., M.E.S.

Landlord rep

Reyhaneh Lajevardi

Tenant rep

Nicole Fazzari

What happened

The Landlord filed an L10 application seeking $33,658.00 in damages from Former Tenants for alleged wilful or negligent damage to the property, including theft of fixtures (security camera, bidet, chandelier, faucet) and damage to floors, walls, and stairs. The Landlord also attempted to amend the claim to include utility costs, which was denied for lack of jurisdiction as it was filed more than a year after the tenants vacated. The Former Tenants admitted to minor alterations but claimed most issues were pre-existing or wear and tear.

The ruling

The Landlord's application for damages against the Former Tenants was dismissed in its entirety. The Landlord failed to provide sufficient evidence, such as move-in photos or repair receipts, to prove the tenants caused undue damage. A request to add utility charges was rejected as it was outside the statutory one-year time limit for claims against former tenants.