Evictly

Surdyka v Imbrogno

Landlord wins · Richmond Hill · 2018-03-29

Adjudicator
D. Gonsalves
Dispute
Harassment, Misrepresentation
Landlord
G.I.
Tenant
P.S.
Landlord rep
B. Lockwood
Tenant rep
R. Heughan

What happened

The tenant claimed that the landlord misrepresented heating costs for the rental property and harassed her for payment of a water bill. The landlord denied these allegations. The court had to determine if it had jurisdiction over the heating cost issue and if there was a tort of harassment in Ontario.

The ruling

The court dismissed the tenant's claims for misrepresentation of heating costs and harassment. The heating cost issue was found to be under the Landlord and Tenant Board's jurisdiction. While the court recognized the tort of harassment in Ontario, it determined that the landlord's actions did not meet the threshold for outrageous conduct required to establish harassment.