Thompson v Metcap Living Management Inc.

Landlord wins · Oshawa · 2024-03-01

Adjudicator

Sheena Brar

Dispute

Maintenance, Substantial Interference

Amount

<$5K

Landlord

Metcap Living Management Inc.

Tenant

L.T.

Landlord rep

Susan Majocha, M. Forrester

Tenant rep

Tracy Norton

What happened

The Tenant applied for an order determining that the Landlord failed to meet its maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards, and that the Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household. The key issues were a flood in the rental unit, mould, and tree cutting.

The ruling

The Tenant proved that the Landlord failed to provide assistance after the flood and delayed the floor repairs, and is ordered to pay the Tenant $1,500 for pain and suffering, plus the application filing fee of $48. The Tenant's claims for lost wages and damaged property were not supported by evidence.