LTB Order LTB-T-009251-22

O. under Subsection 30 Residential Tenancies Act, 2006 Citation: S. v C., 2023 ONLTB 63428 2023 ONLTB 63428 (CanLII) Date: 2023-09-25 File Number: LTB-T-009251-22 In the matter of: Unit 1-47 Church Street West Elmria, ON N3B 1M6 Between: J. S. T. P. T. A. D. C. L. J. S. A. P. T. (the 'T.') A. F. an O. D. T. D. C. (the 'L.') failed to meet the L.'s maintenance obligations under the Residential Tenancies Act, 2006 (the 'Act') or failed to comply with health, safety, housing or maintenance standards. This application was heard by videoconference on August 9, 2023. The L. A. the T. attended the hearing. Determinations: 1. As explained below, the T. proved on a balance of probabilities the following allegations contained in the application: The L. failed to adequately maintain the driveway. 2. Therefore, the L. must pay a rent abatement to the T.. 3. I find T. the L. failed to meet the L.’s obligations under subsection 20(1) of the Act to maintain the residential complex by failing to adequately maintain the driveway of the residential complex. 4. The T. moved into the unit on October 1, 2021 A. had vacated the unit by September 2022. The Tenant’s application was filed March 16, 2022. Driveway 5. The T. allege T. the driveway of the residential complex had turned into ice after the first rain A. snow of the season, which had resulted in numerous falls A. vehicles sliding. The T. allege T. as soon as photos of this issue were sent to the L., O. Page 1 of 4  File Number: LTB-T-009251-22 the L. dismissed their complaints A. had told the T. to fix the driveway themselves. 6. Text messages were entered into evidence with respect to requests made by the T. to the L. regarding this issue on November 29, 2021, December 7, 2021, December 2023 ONLTB 63428 (CanLII) 8, 2021. The L.’s responded on December 8, 2021, stating T. her contractor would not plow one inch of snow A. advised the T. T. she would bring salt to the residential complex the next date. The L. later responds T. she had just been informed by her contractor T. they no longer use salt F. non-commercial properties. 7. The T. testified T. they had salted the driveway themselves on January 17, 2022, February 18, 2022, February 19, 2022, March 11, 2022 A. March 15, 2022. The T. testified T. they had requested the L. to maintain the driveway these dates but were ignored. 8. The L. testified T. she had hired a contractor to plow her driveway however, no contract or invoices F. any work was submitted as evidence to support the L.’s evidence. Plumbing, Electricity & Front Door Handle 9. The T. further alleged issues with the plumbing however, the T. were unable to provide any documentation or photos to show precisely what the issue was A. when the issue was brought to the attention of the L.. 10. Further, the T. also included claims regarding an incident where the Electrical Safety Authority had provided the T. notice of their power being shut off on or around February 7, 2022. The T. admitted in their evidence T. the power was turned on shortly thereafter A. as such, I am not satisfied T. the L. failed to maintain this issue in accordance with s. 20 of the Act. 11. Further, the T. allege issues with the heating of the unit A. the front door handle however, no evidence was tendered to show what the issue was precisely, when the L. was made aware A. the L.’s response to same. As such, I am not satisfied T. the L. failed to maintain these issues in accordance with s. 20 of the Act. Remedies 12. Rent F. the unit was $2,100.00 per month. The T. are requesting an abatement of rent in the amount of $800.00. The T. were charged an additional $100.00 in rent per month F. an extra parking spot, as the T. had two cars. The T. are seeking $200.00 per month F. 4 months in which the driveway was not maintained. 13. The T. are also seeking $400.00 F. repair A. replacement costs F. plowing A. salting the driveway. No invoices or receipts were provided in evidence to support these costs. O. Page 2 of 4  File Number: LTB-T-009251-22 Analysis & Findings 14. In Onyskiw v. CJM Property Management Ltd., 2016 ONCA 477, the Court of Appeal held T. the LTB should take a contextual approach A. consider the entirety of the factual situation in D. whether there was a breach of the L.'s maintenance 2023 ONLTB 63428 (CanLII) obligations, including whether the L. responded to the maintenance issue reasonably in the circumstances. The court rejected the submission T. a L. is automatically in breach of its maintenance obligation as soon as an interruption in service occurs. 15. Section 26 of Ontario Regulation 517/06 under the Act states T. a L. is required to maintain the exterior common areas in a condition suitable F. their intended use, including the removal of unsafe accumulations of ice A. snow. 16. Having reviewed the evidence of the parties, I am satisfied on a balance of probabilities T. the L. failed to maintain the driveway as required under s. 20 of the Act, resulting in the T. having to plow A. salt the driveway themselves on at least 5 separate occasions during the winter of 2021-22. 17. The L. testified T. she had retained a contractor to conduct this work however, no contract or invoices were entered into evidence A. while the L. testified T. she checks the work of her contractors, no specific details were given with respect to this. The photos provided by the T. to the L. show a clearly snow covered A. icy driveway T. the L. seemed uninterested in rectifying in a reasonable manner. 18. With respect to the Tenant’s requested remedies, I find T. the requested rent abatement of $200.00 per month F. 4 months (December 2021, January 2022, February 2022 A. March 2022) is reasonable A. will be ordered. The Tenant’s had paid additional rent F. an additional parking space A. were required to maintain the space themselves as a result of the L.’s inaction regarding same. As such, the L. will be ordered to pay the T. a total rent abatement of $800.00. 19. As such, I find further T. the requested $400.00 repair A. replacement costs to be redundant in the circumstances A. will not be ordered. It is ordered T.: 1. The L. shall pay the T. is $848.00. This amount represents: $800.00 F. a rent abatement F. the period of December 2021, to March 2022. $48.00 F. the cost of filing the application. 5. The L. shall pay the T. the full amount owing by October 6, 2023. 6. If the L. does not pay the T. the full amount owing by October 6, 2023, the L. will owe interest. This will be simple interest calculated from October 7, 2023 at 6.00% annually on the balance outstanding. O. Page 3 of 4  File Number: LTB-T-009251-22 8. The T. have the right, at any time, to collect the full amount owing or any balance outstanding under this O.. September 25, 2023 2023 ONLTB 63428 (CanLII) Date Issued Jagger Benham Member, L. A. Tenant 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