Gomm v Mourao

Tenant wins · Toronto · 2025-06-09

Adjudicator

Karen Gonçalves

Dispute

Maintenance

Amount

<$5K

Landlord

A.M.

Tenant

I.G., R.B.

Landlord rep

Elizabeth Mourao

What happened

The Tenants applied for an order determining that the Landlord failed to meet maintenance obligations regarding the electrical system in the residential complex. The Tenants experienced frequent power outages and flickering lights, which they argued was due to an outdated system unable to support three units. The Landlord contended that the issues were caused by the Tenants' over-consumption of electricity and improper use of appliances. Following an inspection by the Electrical Safety Authority (ESA) triggered by another tenant, a hazardous defect was found, and the Landlord eventually upgraded the system after the Tenants moved out.

The ruling

The Landlord is ordered to pay the Tenants $1,910.08, which includes $1,862.08 as a 20% rent abatement for five months of electrical disruptions and $48.00 for the filing fee. The Board found the Landlord failed to maintain the property because the electrical system was insufficient for the three units in the building. The Tenants' claims for moving expenses and mental distress were denied as they did not prove the electrical issue was the sole cause of moving or provide sufficient evidence for medical damages.