LTB Order LTB-L-055195-25

NOV 26, 2025 Order under Section 88.2 / 89 Residential Tenancies Act, 2006 Citation: Fu v A., 2025 ONLTB 90224 Date: 2025-11-26 File Number: LTB-L-055195-25 In the matter of: 16 MURDOCK AVE AURORA ON L4G5E5 Between: G.F. Landlord And Y.A. Tenants Maryam Bagherinejadaslfarshbaf G.F. (the 'Landlord') applied for an order requiring Y.A. and Maryam Bagherinejadaslfarshbaf (the 'Tenants') to pay the Landlord's reasonable out-of-pocket expenses that are the result of the Tenants' failure to pay utility costs they were required to pay under the terms of the tenancy agreement. The Landlord also applied for an order requiring the Tenants to pay the Landlord's reasonable out- of-pocket costs the Landlord has incurred or will incur to repair or replace undue damage to property. The damage was caused wilfully or negligently by the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex. This application was heard by videoconference on November 13, 2025. Only the Landlord and the Landlord’s representative, Yun Tao Li, attended the hearing. As of 11:31 a.m., the Tenants were not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: Preliminary Issue The application is amended 1. The Landlord’s representative requested that the application be amended to reduce the amount claimed for damages from $3,051.00 to $1,751.50. Although the Landlord did not Order Page 1 of 3  File Number: LTB-L-055195-25 deliver a request to amend the application prior to the hearing, I find that the proposed amendment does not prejudice the Tenant. As such, the I granted the request and the application was amended accordingly. The application 2. As explained below, the Landlord has proven on a balance of probabilities the claim for compensation in the application. Therefore, the Tenants shall pay the Landlord $2,377.60. 3. The Tenants were in possession of the rental unit on the date the application was filed. 4. The tenancy commenced on July 24, 2020 and the Tenants vacated the unit on July 7, 2025. Unpaid utilities 5. The Landlord produced a copy of the tenancy agreement [Doc 6785199] which confirms that the Tenants are responsible for electricity, heat and water. 6. The Landlord produced the following three water/wastewater invoices from the Town of Aurora’s [Doc 6746930, pages 1-3] which the Landlord’s representative stated that the Tenants did not pay: • November 29, 2024: $141.27 • February 19, 2025 $138.80 • May 12, 2025: $160.03 7. The Landlord produced a copy of the Town of Aurora Water Account Statement dated July 10, 2025 [Doc 6746930, pages 24-25] which confirms that amount of $280.07 for the unpaid November 29, 2024 and February 19, 2025 invoices were paid by the Landlord after the Town transferred the outstanding balance to his realty tax bill. 8. The Landlord also produced the receipt of his payment to the Town of Aurora in the amount of $176.28 [Doc 6746930, page 25], which amount includes the unpaid invoice of $160.03. 9. Based on the uncontested evidence before me, I find that the Tenants failed to pay water costs that they were required to pay under the terms of the tenancy agreement, in the amount of $440.10. Damage to garage door 10. The Landlord produced a text message from the Tenants dated February 24, 2024 [Doc 6746930, page18] wherein the Tenants advise the Landlord that they damaged the garage door “a couple weeks ago” and that they had ordered a replacement panel for the garage door. The Landlord produced an email to the Tenants dated April 13, 2025 [Doc 6746930, page 19] wherein he states that “…when I recently passed by the property, I noticed that the garage door is still not repaired.” Although he asked the Tenants to arrange for the repair as soon as possible, he testified that the Tenants never repaired the damage. Order Page 2 of 3  File Number: LTB-L-055195-25 11. The Landlord testified that there was damage to a panel on the garage door as well as the slide rail which was used to open the door. As a result of the damage, the garage door would not open or close. The Landlord produced photographs of the damage to the garage door [Doc 6746930, pages 13, 14, 15, 20, 21, 33 and 34]. 12. The Landlord stated that he had to pay $1,751.50 to have the garage door repaired. He produced a copy of an invoice from LS Garagedoors Inc. dated August 7, 2025 confirming the amount to repair the garage door was $1751.50 and that the invoice had been paid in full. 13. Based on the uncontested evidence before me, I find that the Tenants, another occupant of the rental unit or a person whom the Tenants permitted in the residential complex wilfully or negligently caused undue damage to the rental unit or residential complex, namely the garage door. 14. I am satisfied that the Landlord has incurred reasonable costs of $1,751.50 to repair the damage. 15. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. It is ordered that: 1. The Tenants shall pay to the Landlord $440.10, which represents payment of the unpaid water charges the Tenants were responsible for. 2. The Tenants shall pay to the Landlord $1,751.50, which represents the reasonable costs of repairing the damage to the garage door.. 3. The Tenants shall also pay to the Landlord $186.00 for the cost of filing the application. 4. The total amount the Tenants must pay the Landlord is $2,377.60. 5. If the Tenants do not pay the Landlord the full amount owing on or before December 7, 2025, the Tenants will start to owe interest. This will be simple interest calculated from December 8, 2025 at 4.00% annually on the balance outstanding. November 26, 2025 ____________________________ Date Issued Karen Gonçalves 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