Damiani v Kennedy @ 182 Church Ltd. care of Metcap Living Management Inc.

Tenant wins · Brampton · 2023-08-28

Adjudicator

Amanda Kovats

Dispute

Maintenance, Substantial Interference

Amount

<$5K

Landlord

Kennedy @ 182 Church Ltd. care of Metcap Living Management Inc.

Tenant

J.U.D.

Landlord rep

Marites Estolas, Michelle Forrester

What happened

Tenant applied for an order determining that the Landlord failed to meet their maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The Tenant also applied for an order determining that the Landlord substantially interfered with the reasonable enjoyment of the residential complex by the Tenant.

The ruling

The Landlord failed to maintain the parking garage in a good state of repair, and the wood hitting the Tenant's vehicle caused the damage. The Landlord must pay the Tenant $3,290.79 for the reasonable out-of-pocket expenses to fix the vehicle.