DRAKE8INC v WILLIAMS

Tenant wins · Etobicoke · 2025-09-22

Adjudicator

Trish Carson

Dispute

Damage to Property

Notice

Damages (N5)

Landlord

D., M.L.N., L.N.N.H.

Tenant

M.W., M.H.

Landlord rep

Reena Basser

Tenant rep

Marc Levy

What happened

The Landlords applied to terminate the tenancy and seek $27,831.40 in compensation for damages after a bathroom sink overflowed, allegedly causing water damage to a high-end walnut door in a commercial unit below and creating mold issues in the foyer. The Tenants argued the incident was a minor accident, they cleaned it immediately, and that any mold or structural issues were pre-existing conditions unrelated to the isolated overflow.

The ruling

The Landlord's application to terminate the tenancy and for compensation of $27,831.40 for damages is dismissed. The Board found that the Landlord did not sufficiently prove that the isolated sink overflow caused the claimed damages to the building or the expensive display door in the commercial unit below.