Wijesinghe v Webster

Tenant wins · Toronto · 2025-08-11

Adjudicator

Nancy Morris

Dispute

Maintenance

Amount

<$5K

Landlord

B.W.

Tenant

D.W., C.M., A.K.

What happened

The Tenants applied for an order determining that the Landlord failed to meet maintenance obligations regarding a persistent gas leak. Tenant 1 alleged that the gas smell existed since the start of the tenancy in August 2022, but the Landlord ignored complaints. A gas leak was eventually confirmed by Enbridge in November 2023, resulting in a safety infraction notice. The Landlord claimed he was only notified in September 2023 and argued that the Tenants should have called Enbridge themselves.

The ruling

The Landlord is ordered to pay the Tenants $1,138.47, which includes $1,090.47 as a rent abatement for the period between September 1 and November 6, 2023, during which the Tenants lived with a hazardous gas leak that the Landlord failed to address appropriately. The amount also includes the $48.00 application filing fee.