LTB Order LTB-L-042870-23

Order under Section 78(11) Residential Tenancies Act, 2006 2023 ONLTB 63373 (CanLII) Citation: Rosslyn Residences v D., 2023 ONLTB 63373 Date: 2023-09-22 File Number: LTB-L-042870-23-SA In the matter of: 810-5950 Bathurst Street North York, ON M2R 1Y9 Between: Rosslyn Residences Landlord And I.D. Tenant Rosslyn Residences (the 'Landlord') applied for an order to terminate the tenancy and evict I. D. (the 'Tenant') and for an order to have the Tenant pay compensation for damage they owe because the Tenant did not meet a condition specified in the mediated settlement signed by the parties on with respect to application LTB-L-029039-22. The Landlord’s application was resolved by order LTB-L-042870-23, issued on June 19, 2023. The Tenant filed a motion to set aside order LTB-L-042870-23 on June 29, 2023. This motion was heard by videoconference on August 2, 2023. The Landlord’s Legal Representative Charlie Bobrowsky, the Landlord’s witness Andre Lavictoire and the occupant Sheen Adaro attended the hearing. Determinations: 1. The occupant attended on behalf of the Tenant and submitted that he also resides in the unit and had the authority to represent the Tenant, as the Tenant had been working the date of the hearing. 2. The mediated agreement from May 3, 2023 outlined that the Landlord agreed to schedule pest control treatments on weekends. Further, the parties agreed that for 12 months starting on May 3, 2023, the Tenant or any of the Tenant’s guests or occupants will not substantially interfere with the Landlord’s or another tenant’s lawful rights, privileges and interests. 3. The parties also agreed that the Tenant would provide the Landlord and/or pest control technicians access to the unit for treatments, would not interfere with the pest control technicians, and would prepare the unit for pest control treatments according to the instructions provided by the Landlord or the pest control technicians. Order Page 1 of 3  File Number: LTB-L-042870-23-SA 4. The Landlord alleged in their application that on Sunday, May 28, 2023, after having provided the Tenant with Notice of Entry for pest control treatments, the Tenant did not give the technician access to the unit’s bedrooms or closets and assessed the unit’s readiness at 80-89% prepared. 2023 ONLTB 63373 (CanLII) 5. The pest control technician testified that he had conducted the treatment of the unit on May 28, 2023, as well as subsequent inspections on June 11, 2023 and July 9, 2023, as well. The technician testified that when he had attempted to treat the bedrooms, the Tenant and the occupant had denied him access to the unit’s bedrooms. As a result, the technician testified that he treated the door frames outside of the bedrooms. 6. The technician disagreed with the occupant when it was suggested that he had agreed with the Tenant to not treat the bedrooms. The technician testified that if a tenant or occupant does not want him to enter a specific room in the unit, he would adhere to their wishes. 7. The Tenant in their set aside motion effectively argues that the technician took no issue with the fact that the Tenant did not want him in the bedroom and that he had taped off the doors of the bedroom to prevent any cockroaches from entering into the bedrooms. 8. Having reviewed the instructions that were provided to the Tenant in advance of the pest- control treatments, I note that the 7th point of instruction states, “Access to all baseboards, flooring of closets, and electrical outlets is a must throughout the entire unit”. 9. Further, the technician testified that he had never agreed with the Tenant or the occupant that the bedrooms did not have to be treated, only that he acquiesced to their request that he not enter the bedrooms. The technician had to adjust his treatment strategy accordingly as a result and had just sprayed the doors of the bedrooms. 10. Entered into evidence were the technician’s service reports from May 28, 2023, June 11, 2023 and July 9, 2023. On each occasion the technician was denied entry into the bedrooms however, the cockroach level is noted to have decreased with each subsequent visit. 11. Having reviewed the evidence of the parties and the documentation that was provided in evidence, I am satisfied that the Tenant did breach the mediated agreement from May 3, 2023, as the pest control instructions provided to the Tenant outlined that the Tenant was required to provide the technician access to the baseboards, closets and electrical outlets throughout the entire unit. The Tenant failed to provide the technician access to the bedrooms to facilitate this portion of the instructions on May 28, 2023, June 11, 2023 and July 7, 2023. Section 78(11) Considerations 12. At the hearing, no real explanation was provided by the occupant regarding the reasoning behind denying the technician access to the bedrooms, other than some mention of a cat however, no direct evidence was provided outlining why the Tenant or the occupant had an issue with the technician entering the bedroom. Order Page 2 of 3  File Number: LTB-L-042870-23-SA 13. That said, despite the Tenant’s breach, the cockroach activity in the unit had steadily decreased from May 28, 2023, to July 9, 2023 where the technician’s report from that date states that there was “no live activity at the time of service”. 14. Further, I heard no evidence as to how the Tenant’s breach would have affected cockroach activity with respect to other units in the residential complex and the Landlord’s 2023 ONLTB 63373 (CanLII) obligations under ss. 20 and 22 of the Residential Tenancies Act, 2006 (the ‘Act’). 15. Based on the evidence set out above, I am satisfied, having regard to all of the circumstances, that it would not be unfair to set aside the order. 16. That said, I find it appropriate to amend the original mediated settlement to emphasise that the Tenant is required to give pest control technicians access to the entire unit, including the unit’s bedrooms with respect to any subsequent inspections and treatments. It is ordered that: 1. The Tenant’s motion to set aside order LTB-L-042870-23 is granted. 2. Order LTB-L-042870-23, issued on June 19, 2023 is set aside. 3. Paragraph 1(a) of Order LTB-L-029039-22, issued on May 12, 2023 is amended as follows: a. Provide access to the entire unit, including the unit’s bedrooms, to the Landlord and/or pest control technicians for pest control treatments. September 22, 2023 Date Issued Jagger Benham Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page 3 of 3