LTB Order LTB-T-063677-22

O. under Subsection 30 2023 ONLTB 62382 (CanLII) Residential Tenancies Act, 2006 Citation: M. v A., 2023 ONLTB 62382 Date: 2023-09-14 File Number: LTB-T-063677-22 (formerly TNT-31897-21) In the matter of: 1906, 7 BISHOP AVENUE NORTH YORK ON M2M4J4 Between: S. M. T. A. S. A. L. S. M. (the 'T.') A. F. an O. D. T. S. A.(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 May 9, 2023. The L. A. the T. attended the hearing. On June 16, 2023, the Board received a request to pay rent to the Board from the T.. In this request, the T. stated she would like to pay the monthly rent F. the month of July 2023 to the Board. She also stated she provided the proper 60 days notice to the L. to terminate her tenancy thus she sought to pay only one month’s rent to the Board. As the Board did not address this request due to unforeseen circumstances A. as the T. had vacated the unit, the request is moot. Determinations: 1. As explained below, the T. has proven, on a balance of probabilities, the allegations contained in the application, therefore, the L. must pay to the T. $484.42, which represents a rent abatement ($73.76), costs incurred by the T. ($362.66), A. the cost of filing the application with the Board ($48.00). O. Page 1 of 3  File Number: LTB-T-063677-22 (formerly TNT-31897-21) 2. In her testimony, the T. stated T. on March 20, 2021 at approximately 9:00 a.m., the toilet in her rental unit stopped working. She stated she contacted the L. by telephone numerous times but did not receive a response. As she was without the use of the toilet, on 2023 ONLTB 62382 (CanLII) her own volition she contacted a plumber to fix the issue. 3. On March 21, 2021 at 10:30 a.m., she received a call from the L. A. advised him T. a plumber was on his way to the rental unit. She stated the L. told her to cancel the plumber however she advised him the plumber was in the building thus she could not cancel the service call. She stated the L. contacted her again, demanding she cancel the plumber as he would fix the issue himself. At 12:30 p.m., the T. contacted the L. advising him the issue was resolved A. T. she had paid the plumber’s invoice. She also informed the L. she would be deducting the invoiced amount from her monthly rent. The T. further stated the L. angrily informed her not to deduct the amount from her rent A. stated he would not be compensating her. 4. In his testimony, the L. stated is was not available at the time of the T.’s phone calls A. was not able to contact her until the next morning. He did not dispute T. he was aware a plumber would be attending at the rental unit A. advised the T. to cancel the service call. He admitted he was annoyed T. the T. had not waited F. his return phone call A. stated he would have rectified the issue himself so as not to bear any additional costs. Should he have not been able to affect the repair, he would have called a plumber himself. He stated he did not view a non-working toilet as an emergency but offered the T. $150.00 in compensation F. the costs she incurred. 5. Section 20(1) of the Act sets out: 20(1) 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. 6. The standard of proof in proceedings before this Board is “proof on a balance of probabilities.” By T. standard, the party bearing the burden of proof must show with evidence T., “more likely than not”, their assertions are true. Where, the evidence of the opposing party is as believable as T. of the party bearing the burden of proof, T. burden cannot be said to have been discharged. 7. Based on the evidence adduced by the parties A. on a balance of probabilities, I am satisfied T. the T. has met T. burden A. acted reasonably in her attempts to contact the L. A. by contacting a plumber on her own accord when the L. did not return her call until the next day. In my view, the L. has the responsibility to be available to the T. in the case of an emergency A. in this case, a non-working toilet can be considered an emergency. Due to the L.’s lack of communication with the O. Page 2 of 3  File Number: LTB-T-063677-22 (formerly TNT-31897-21) T., she was forced to incur costs F. the maintenance of the rental unit. As such, I find the L. has breached s.20(1) of the Act. 2023 ONLTB 62382 (CanLII) It is ordered T.: 1. The L. shall pay to the T. a rent abatement of $73.76. 2. The L. shall also pay to the T. $362.66 F. the costs incurred to repair the toilet. 3. The L. shall also pay to the T. $48.00 F. the cost of filing the application with the Board. 4. The total amount the L. owes the T. is $484.42. 5. The L. shall pay the T. the full amount owing by September 25, 2023. 6. If the L. does not pay the T. the full amount owing by September 25, 2023, the L. will owe interest. This will be simple interest calculated from September 26, 2023 at 6.00% annually on the balance outstanding. 8. The T. has the right, at any time, to collect the full amount owing or any balance outstanding under this O.. September 14, 2023 ____________________ Date Issued Susan Priest 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