LTB Order LTB-L-001375-22

O. under Sections 69 & 88.2 2023 ONLTB 35630 (CanLII) Residential Tenancies Act, 2006 Citation: C. v W., 2023 ONLTB 35630 Date: 2023-05-10 File Number: LTB-L-001375-22 In T. matter of: Main Floor Apt, 153 Mavety Street Toronto Ontario M6P2L8 Between: T.C. Landlord A. T. T. W. T.C. (T. 'Landlord') A. F. an O. to T. T. T. A. E. T. W. (T. 'T.') because T. T., another occupant of T. rental unit or someone T. T. permitted in T. residential complex has substantially interfered with T. reasonable enjoyment or lawful right, privilege or interest of T. Landlord or another T.. Also, because T. T., another occupant of T. rental unit or someone T. T. permitted in T. residential complex has wilfully or negligently caused damage to T. premises. T. Landlord also claimed daily compensation F. each day T. T. remains in T. rental unit after T. date in T. notice of termination. This application was heard by videoconference on January 10, 2023. Only T. Landlord A. T. Landlord’s legal representative, Barrington Lue Sang, attended T. hearing. As of 9:47am, T. T. was not present or represented at T. hearing although properly served with notice of this hearing by T. LTB. As a result, T. hearing proceeded with only T. Landlord's evidence. Determinations: O. Page 1 of 4 1. As explained below, T. Landlord has not proven on a balance of probabilities T. grounds F. termination of T. T. A. therefore T. claim F. termination of T. T. is denied. 2. T. Landlord’s claim F. unpaid utility costs is granted. 3. On September 14, 2021 T. Landlord served T. T. with a First N5 Notice of 2023 ONLTB 35630 (CanLII) Termination. T. termination date in T. notice is October 8, 2021. File Number: LTB-L-001375-22 4. T. notice claims that T. T. has substantially interfered with T. Landlord or another T. in T. residential complex by smoking in T. unit, harassing T. Landlords repair man A. by not paying F. utilities. 5. T. notice further alleges that T. T. has caused damage to T. rental unit by flushing a sponge down T. toilet, causing a leak A. by damaging T. washing machine. 6. T. Landlord confirmed at T. hearing that T. T. had voided T. N5 notice by correcting their behaviour within T. 7-day remedy period other than T. issue of smoking A. unpaid utilities. 7. F. T. purpose of completeness, T. 7-day remedy period F. T. N5 Notice is from September 15, 2021 to September 22, 2021. 8. T. Landlord testified at T. hearing that she received a message from Contractor Leo as follows: September 10th & September 15th: “Leo was in T. basement F. separate maintenance issues. Leo confirmed strong marijuana smells in T. basement coming from T. ceiling vests A. main floor stairs while working in T. basement suite each day. He was there F. 3-5 hours each time A. therefore he strongly recalls T. incidents.” 9. I did not find this evidence particularly compelling since it appeared to be a message from someone reporting something they heard from Contractor Leo. Therefore, making this evidence double hearsay. Additionally, T. double hearsay evidence did not indicate that they witnessed T. T. smoking in T. rental unit. 10. Additionally, there were only 2 incidents noted in T. N5 Notice which were on November 24, 2020 A. December 4, 2020. There were no recent incidents after December 4, 2020 even though T. Landlord did not serve T. T. T. N5 Notice until September 14, 2021. I am therefore not satisfied that T. Tenants smoking rises to T. level of “substantial” interference required F. termination of T. T.. 11. With respect to T. issue about unpaid utilities, T. Landlord did not provide information specific in T. N5 Notice regarding T. alleged dates that T. T. failed to pay T. utilities. Only that they were somewhere between June 1, 2020 A. July 1, 2021 A. T. charges per month F. each year. There are no specific utilities listed or T. amounts of T. O. Page 2 of 4  bills. I do not find that this portion of T. notice provides sufficient details as required under subsection 43(2) of T. Residential Tenancies Act, 2006 (T. ‘Act’) A. does not meet T. notice requirements under Ball v. Metro Capital Property, [2002] O.J. No. 5931. 12. In Ball, T. Court considered T. meaning of what is now subsection 43(2) of T. Act, which requires that a notice of termination given by a landlord “set out T. reasons A. details respecting T. termination”. T. Court concluded T. notice in that case lacked sufficient 2023 ONLTB 35630 (CanLII) details because T. purpose of T. notice is to ensure T. T. knows T. case to be met A. is thus in a position to decide whether or not to dispute T. allegations at a hearing. T. Court also concluded that T. kinds of particulars that should be contained in a notice regarding a T.’s behaviour should include “dates A. times of T. alleged offensive conduct together with a detailed description of T. alleged conduct engaged in by T. T.”. T. Landlords’ first N5 in this case fails to meet that standard. File Number: LTB-L-001375-22 13. Since T. Landlord’s did not provide sufficient details regarding dates A. times in T. first N5 notice, I find that it is invalid F. failing to comply with Ball A. s.43(2) of T. Act. 14. T. Landlords claim F. termination of T. T. F. substantial interference A. unpaid utilities is therefore denied. 15. As part of T. Landlord’s application T. Landlord claimed monetary compensation F. their out-of-pocket expenses incurred F. unpaid utilities. T. Landlord testified that utilities would be balanced out a year end A. split between T. units. That T. T. is responsible F. 29.5% of T. Enbridge A. Hydro A. 16.7% of T. water based on T. number of people in their household. 16. I am satisfied that T. lease agreement requires T. T. to pay utilities A. that T. T. has not paid T. Landlord their portion of T. following utilities: a) Enbridge Gas - $210.97 from June of 2020 to September of 2021. b) Hydro - $319.11 from June of 2020 to September of 2021 c) Water/Wastewater - $286.33 from June 2020 to September of 2021. 17. T. T. has not paid any of T. utilities to T. Landlord. T. T. owes T. Landlord $816.41 F. unpaid utilities. 18. T. Landlord incurred costs of $201.00 F. filing T. application A. is entitled to reimbursement of those costs. It is ordered that: O. Page 3 of 4  1. T. Landlord’s application F. termination of T. T. is denied. 2. T. T. shall pay to T. Landlord $816.41 F. unpaid utilities up to September of 2021. 3. T. T. shall also pay to T. Landlord $201.00 F. T. cost of filing T. application. 4. If T. T. does not pay T. Landlord T. full amount outstanding by May 31, 2023, then T. T. will start to owe interest. This will be simple calculated from June 1, 2023 at 2023 ONLTB 35630 (CanLII) 6.00% annually on T. balance outstanding. May 10, 2023 ____________________________ Date Issued Terri van Huisstede Member, Landlord A. T. Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. O. Page 4 of 4