LTB Order LTB-L-040471-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Capreit Limited Partnership v B., 2023 ONLTB 18188 Date: 2023-02-06 2023 ONLTB 18188 (CanLII) File Number: LTB-L-040471-22 In the matter of: 421, 500 Murray Ross Pky Toronto ON M3J2Z3 Between: Capreit Limited Partnership Landlord And S.B. Tenant Capreit Limited Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict S.B. (the 'Tenant') because the Tenant, another occupant of the rental unit or a person the Tenant permitted in the residential complex has seriously impaired the safety of any person and the act or omission occurred in the residential complex. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on December 19, 2022. The Landlord’s agent, Maria Gheorghe, the Landlord’s representative, Geoff Paine and the Tenant attended the hearing. Mustafa Qassim attended as a witness for the Landlord. Determinations: 1. On July 14, 2022, the Landlord gave the Tenant an N7 Notice of Termination, which alleges that the Tenant has seriously impaired the safety of any person by tampering with the safety window lock and improperly installing an air-conditioning unit, and the act or omission occurred in the residential complex. 2. The Tenant did not dispute that he removed the safety window lock and installed an air- conditioning unit (‘a/c unit’) that was not in accordance with the manufacturers instructions. The Tenant also did not dispute that he received written communication from the Landlord requesting that he remove the a/c unit because of the potential of serious risk. 3. The Tenant told the Board that he had installed the a/c unit the previous summer despite being notified by the Landlord that it was not permitted. 4. The Landlord entered evidence of the manufacturers instruction for the a/c unit and pictures of the Tenant’s installation. The evidence clearly illustrate that not only was the a/c unit not installed according to the manufacturer’s instructions, the method by which the Tenant installed the a/c unit posed a serious safety risk. Order Page 1 of 3  File Number: LTB-L-040471-22 5. The Landlord requested a conditional order, that for the remainder of the tenancy the Tenant not reinstall the a/c unit. 6. Based on the testimony and evidence before the Board, I am satisfied that the Tenant has seriously impaired the safety of other persons by removing the safety window lock 2023 ONLTB 18188 (CanLII) mechanism and improperly installing an air conditioner unit. This conduct posed a serious safety risk to the Landlord, the Landlord’s employees and all other residents and occupants of the residential complex. This conduct occurred in the residential complex. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to grant relief from eviction subject to the conditions set out in this order pursuant to subsection 83(1)(a) and 204(1) of the Act. It is ordered that: 1. The tenancy between the Landlord and the Tenant continues if the Tenant meets the conditions set out below: a) for the duration of the tenancy, the Tenant shall not install any air-conditioning unit in the rental unit, except where air-conditioning units are permitted by the Landlord. b) The Tenant shall ensure that the safety window locking device is reinstalled. 2. If the Tenant fails to comply with the conditions set out in paragraph 1 of this order, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act') for an order terminating the tenancy and evicting the Tenant. The Landlord must make the application within 30 days of a breach of a condition. This application is made to the LTB without notice to the Tenant. 3. By March 31, 2023 the Tenant shall pay to the Landlord $186.00 for the cost of filing the application. 4. If the Tenant does not pay the Landlord the full amount owing on or before March 31, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 1, 2023 at 5.00% annually on the balance outstanding. February 6, 2023 Date Issued Natalie James Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 Order Page 2 of 3  File Number: LTB-L-040471-22 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. 2023 ONLTB 18188 (CanLII) Order Page 3 of 3