Lafontaine v. Grant

Tenant wins · Brampton · 2019-04-11

Adjudicator

R. Gordon J.

Dispute

Damage to Property, Maintenance

Amount

<$5K

Landlord

L.A.L.

Tenant

A.G.

Tenant rep

Bryan Grant

What happened

Tenant filed an application with the Landlord and Tenant Board for damages due to alleged bed bug infestation. Landlord claimed exemption from the Residential Tenancies Act due to shared accommodation. The Board ruled in favor of the tenant, ordering the landlord to pay $4,885.19. Landlord appealed to the Divisional Court, challenging the Board's factual findings.

The ruling

The Divisional Court dismissed the landlord's appeal of the Landlord and Tenant Board's decision. The court ruled that the landlord's challenges were to findings of fact made by the Board, which are not questions of law and therefore not subject to appeal under section 210 of the Residential Tenancies Act, 2006. The original order for the landlord to pay $4,885.19 to the tenant for damages related to bed bug infestation remains in effect.