Caney v Factory East Inc.

Tenant wins · Toronto · 2025-07-16

Adjudicator

Jane Dean

Dispute

Maintenance, Tenant Rights

Amount

$10-20K

Landlord

Factory East Inc.

Tenant

S.C.

Landlord rep

Roman Komarov, Vipin Jain

What happened

The Tenant filed T2 and T6 applications alleging that the Landlord substantially interfered with his enjoyment of the unit and failed to meet maintenance obligations. Key issues included a dispute over whether the Residential Tenancies Act applied (the Landlord argued it was a commercial tenancy), broken shower fixtures, a failed refrigerator, and noise from hallway repairs. The Board had previously determined the Act applied to this tenancy in 2017.

The ruling

The Landlord is ordered to pay the Tenant $11,024.02, which includes a 15% rent abatement for long-term shower disrepair, reimbursement for a refrigerator purchased by the Tenant, and compensation for lost food. The Landlord must complete repairs to the shower area by August 31, 2025. If the Landlord fails to pay or complete repairs, the Tenant is authorized to deduct specified amounts from future rent payments.