LTB Order LTB-T-044581-22

O. under Subsection 30 2023 ONLTB 63227 (CanLII) Residential Tenancies Act, 2006 Citation: S. v D., 2023 ONLTB 63227 Date: 2023-09-25 File Number: LTB- T-044581-22 In the matter of: 107, 1220 Upper Wentworth Street Hamilton Ontario L9A5G1 Between: H. S. T. F. S. A. D. L. H. S. A. F. S. (the 'T.') A. F. an O. D. T. D.(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 July 12, 2023. Only the Tenants attended the hearing. As of 9:46 a.m., the L. was 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 L.'s evidence. Determinations: 1. As explained below, the T. proved on a balance of probabilities the following allegations contained in the application: The L. failed to maintain the closet door. 2. The T. testified T. they informed their L. T. the closet door in the children’s bedroom was in need of repair in December 2020. The door fell off the track A. the T. testified T. it fell off because it is old. He placed the door on the balcony so it wouldn’t cause a hazard to his children. O. Page 1 of 3 3. They sent another A. final request to have the closet door repaired in July 2021. The L. advised the T. T. they would have to pay to replace the door. 4. The T. submitted pictures of the closet door. The doors are on a track A. slide horizontally. Only one of the doors remains on the track while the other one is off. 2023 ONLTB 63227 (CanLII) 5. The L. still has not come to fix the door. Analysis 6. Section 20 (1) of the Act sets out a L.’s maintenance obligations; it states: A L. is responsible F. providing A. maintaining a residential complex, including the rental units in it, in a good state of repair A. fit F. habitation A. F. complying with health, safety, housing A. maintenance standards. 7. In the case Onyskiw v. CJM Proerty Management, 2016 ONCA477 (Onyskiw) (CANLII) the Court of Appeal F. Ontario determined T. a contextual approach should be adopted when considering a L.’s potential breach of subsection 20 (1) of the Act A. a breach will not be found if the L.’s response to a maintenance issue was reasonable in the circumstances. 8. Based on the uncontested evidence before me, I find T. the L. is in breach of their maintenance obligations with respect to the closet door in the children’s bedroom. The L. has taken no action to fix the door despite repeated requests from the Tenants. Remedies 9. The Tenants are seeking a rent abatement of 10% of their monthly rent from a year prior to filing the application to present. 10. I find a 10% abatement of rent is not appropriate in this circumstance. The idea behind an abatement of rent is T. a T. should be receiving 100% of what they are paying. The T. submits T. the missing closet door would represent 10% of their rent. 11. Based on my knowledge of other like matters before the Board, I find an appropriate abatement F. a missing closet door is 3% of the monthly rent. The T. filed this application on March 4, 2022. The T. first notified the L. of this issue in December 2020. The T. is entitled to an abatement starting from March 2021 until the day of the hearing. The T.’s monthly rent is $206.00. 3% of $206.00 is $6.18. $6.18 x 29 months is $179.22. Therefore, the T. is entitled to $179.22 F. the period starting March 2021 until July 2023. 12. The T. is seeking general damages F. pain A. suffering, or what is commonly referred to as “non-pecuniary damages” because they are not damages directly related to a financial loss, but F. pain A. suffering. The object of non-pecuniary damages is to compensate a party’s pain, suffering, A. loss of enjoyment of life. O. Page 2 of 3  13. Based on the evidence at the hearing, I am not persuaded T. an award F. pain A. suffering is warranted in these circumstances. I am mindful of the inconvenience of not having a closet door, however this is adequately addressed by the abatement awarded to the T.. 14. The T. requested T. the L. be ordered to fix the door, A. this shall be ordered. 2023 ONLTB 63227 (CanLII) It is ordered T.: 1. The L. shall repair the closet door by October 15, 2023. 2. The L. shall also pay the T. is $232.22. This amount represents: $179.22 F. a rent abatement F. the period ending July 2023. $53.00 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. 7. If the L. does not pay the T. the full amount owing by October 6, 2023, the T. may recover this amount by deducting the amount from the rent owing F. the month of November 2023 A. the balance from the month of December 2023. 8. The T. has the right, at any time, to collect the full amount owing or any balance outstanding under this O.. September 25, 2023 ____________________________ Date Issued Emily Robb 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 3 of 3