LTB Order LTB-T-001752-21

O. under Section 31 Residential Tenancies Act, 2006 Citation: F. v M., 2023 ONLTB 47623 2023 ONLTB 47623 (CanLII) Date: 2023-07-17 File Number: LTB-T-001752-21 In the matter of: 2002, 4470 TUCANA COURT MISSISSAUGA L5R3K8 Between: M. -NICOLE F. T. A. L. K. M. M.-NICOLE F. (the 'T.') A. F. an O. D. T. K. M. (the 'L.'): • substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the T. or by a member of the T.’s household. • harassed, obstructed, coerced, threatened or interfered with the T.. • withheld or interfered with the T.'s vital services or care services A. meals in the care home. This application was heard by videoconference on October 21, 2022 A. concluded on June 23, 2023. The L., the L.’s Representative, Agatha Small A. the T. attended the hearing. Preliminary Issues: 1. At the October 2022 hearing, I heard submissions from the parties as to whether the Act applies. Since T. time the L. filed Application LTB-L-031811-22 which was resolved by consent O. LTB-L-031811-22 issued on June 26, 2023 T. terminates the tenancy on September 30, 2023. The L. no longer disputes the Act applies which is evident by virtue of the L.’s exercising his rights under the Act having filed his own application. 2. The T. claims she filed an amended application A. I see no record of an amended application on the Board’s electronic file. The L. received a copy of an amended application but asserts they received it on June 20, 2023 by email which was two days ago A. they did not enough time to prepare. The T. also stated the application included other issues which arose after the November 21, 2021. Since the T. did not comply O. Page: 1 of 4  with the Board’s Disclosure Rule of Procedures, the T. may consider filing an application if she has enough evidence to support her claim about other issues related to the tenancy if they also fall within the one-year limitation period. File Number: LTB-T-001752-21 Determinations: 2023 ONLTB 47623 (CanLII) 1. As explained below, the T. has proven on a balance of probabilities the allegations contained in the application. Therefore, the L. must pay the T. $513.00. 2. The L. was opposed to allowing the T.’s guest to stay 5 days each week on a regular basis A. asked the T. to stop inviting her son to her unit to stay over night on a regular prolonged basis. On or around September 10, 2021, the L. sent the T. a message to stop having guest sleep over or she’ll have pay additional rent. 3. On October 3, 2021, the L. sent a letter to the T. to vacate. On November 1, 2021, the L. was sent a letter by the T.’s legal representative informing him of the T.’s rights to have guests A. to stop his behaviour. On November 5, 2021, the L. called police to force vacancy A. police gave the T. two weeks to leave. On November 21, 2021, the L. stated he called the police to follow up to get the T. out. On T. day the L. A. T. also had a heated verbal altercation which also included the L.’s sister, at which time the T. showed the police her LTB application A. they informed them they would not interfere with T. process. There were no further incidents between the L. A. T. after November 21, 2021, because the L. stopped asking to her leave, A. the T. on her own initiative stopped having her son stay overnight. 4. The T. also testified T. the L. turned off the electricity which prevented her from using the washing machine, dishwasher A. toaster. 5. I find T. L. substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the T. or by a member of the T.'s household, harassed A. interfered with the Tenants rights. 6. Despite a clause in the lease agreement T. the premises were only F. a single person residence, T. clause does not waive the T.’s right to have a guest stay temporarily nor does it prevent a T. to house an occupant, which in this case is her son who stayed in the unit F. 2-4 days during the week. This is not a situation where there was overcrowding where the number of people staying in the unit violated any health, safety, or housing standards. The L. may have been addressing noise complaints emanating from the T.’s unit T. was disturbing other T.(s), but the proper recourse would be to follow due legal process not taken matters into this own hands A. start harassing the T. to leave. The L.’s conduct continued even after the legal clinic informed him by letter on November 1, 2021, of the T.’s rights. The L. ought to have known his conduct was unwelcome. O. Page: 2 of 4 7. The L.’s actions caused uncertainty, fear, unnecessary stress A. insecurity of tenure which was heightened on November 5 A. 21, 2021 with police presence. I considered the T. had a verbal altercation with the L. A. his sister which led the T. to feel unsafe, but the evidence adduced by the T. was T. no further 2023 ONLTB 47623 (CanLII) File Number: LTB-T-001752-21 incident, engagement, conversations or altercations took place involving the L. or his sister after November 21, 2021, up to the date of this hearing. 8. I find it reasonable therefore to issue an abatement of rent of 40% rent F. November 2021 rent period or $460.00 ($1,150.00 x 40%) which is the period T. the L.’s actions heightened, A. the tension escalated. Since the L.’s actions stopped after November 21, 2021, a further abatement is not reasonable. 9. The T. sought other remedies but there no nexus to the issues T. are properly before me, therefore weren’t considered. 10. The L. stated he has not interfered with the electricity T. operates the washing machine, dishwasher, A. toaster rather they are not operating because they are broken. The T. had electricity F. other usual purposes such as lights A. refrigerator, A. it’s reasonable to find T. the vital service of electricity was not withheld. The T. did not meet the onus of proving T. the L. interfered or withheld the vital service of electricity. 11. The T. wanted to raise a claim related to the vital service of heat which was not in the application. This issue is not properly before me A. was not considered. 12. The L. cannot raise his own issues related to the tenancy under the T2 application. The L. must follow due legal process A. file his own application if he has enough evidence to support his claim(s). 13. The L. owes the T. $53.00 F. the cost of the application fee. 14. The total amount the L. owes is $513.00 ($460.00+$53.00). O. Page: 3 of 4  File Number: LTB-T-001752-21 It is ordered T.: 2023 ONLTB 47623 (CanLII) 1. The L. shall not harass A./or substantially interfere with the T.’s reasonable enjoyment of the rental unit or complex or with the T.’s lawful rights involving her right to have guest(s). 2. On or before July 28, 2023, the L. shall pay the T. $513.00 which represents the rent abatement F. November 2021 rent period A. costs. 3. If the L. does not pay the T. the full amount owing by July 28, 2023, the T. may recover this amount by deducting $513.00 from August 2023 rent charges. 4. The T. has the right, at any time, to collect the full amount owing or any balance outstanding under this O.. July 17, 2023 Date Issued Sandra Macchione Member, L. 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