LTB Order LTB-T-069413-22

O. under Subsection 30 Residential Tenancies Act, 2006 Citation: S. v M. L., 2023 ONLTB 70950 Date: 2023-10-31 2023 ONLTB 70950 (CanLII) File Number: LTB-T-069413-22 In the matter of: 1106, 750 Morningside Avenue Scarborough ON M1C3A1 Between: J. S. T. A. M. L. L. J. S. (the 'T.') A. F. an O. D. T. M. L. (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 October 19, 2023. The L.'s Legal Representative, Michelle Forrester, the L.’s Agent, Charu Raheja, the L.'s witness, Wayne Fleming, A. the T. attended the hearing. Determinations: 1. The T. moved into the rental unit on October 1,2018, A. vacated on November 30, 2019. T6 Application 2. The T. alleges T. there was a bedbug infestation in his rental unit T. started in late April 2019 A. lasted until he moved out of the property. At the hearing, the T. testified T. he notified the building manager of the problem on April 26,2019, A. T. no initial treatment was given until May 27, 2019. 3. The T. explained T. Terminix Canada did an inspection on May 7, 2019, but no treatment was given at T. time. The T. added T. there were treatments on May 27, 2019, A. June 10, 2019, but neither treatment did anything to stop the bedbugs from coming into his unit. The T. did present photographic evidence of bites on his feet A. O. Page 1 of 4  File Number: LTB-T-069413-22 lower legs; however, the dates A. places of the photos could not be verified as such were not accepted by the Board. The T. further explained though T. the situation was bad enough T. he had unofficially moved out on June 30, 2019. He did not move his belongings A. furniture out until the end of November due to fears of spreading the bedbugs. 2023 ONLTB 70950 (CanLII) 4. The T. asked the Board F. a rent abatement of 7 months of rent, from May 2019 until November 2019. The monthly rent in May 2019 was $1,599.00 with the rent increasing to $1,664.00 as of June 1, 2019. Therefore, the T.’s total claim equals 2 months at $1,599.00 (May A. the last month's rent deposit) A. 5 months at $1,664.00 = $11,518.00. 5. The L.'s Legal Representative responded T. the L. had acted responsibly in this matter A. did everything to help the T. with the reported bedbug issue. The L.'s Legal Representative explained T. the L. has a contract with Terminix Canada to treat the residential complex F. any type of bug infestations A. takes any report of bedbugs quite seriously. 6. The L.'s Legal Representative presented into evidence a list of the following Terminix Canada treatments regarding the T.’s rental unit. The L.'s witness, Wayne Fleming, Terminix’s operations manager, also attended the hearing to verify the treatments reported. a. May 7, 2019 - inspection, found low bedbug evidence, A. dust treatment. b. May 27, 2019 - dust A. residual spray treatment, no visible activity at time of treatment. c. June 10, 2019 - dust A. residual spray treatment, no visible activity at time of treatment. d. August 7, 2019 - dust A. residual spray treatment, no visible activity at time of treatment + all blocks in building surrounding T.’s unit were sprayed as well. e. August 19, 2019 - dust A. residual spray treatment, no visible activity at time of treatment. f. September 4, 2019 – inspection with canine unit, no bedbug alerts. 7. However, the T. had an issue with the treatment T. was stated to have occurred on May 7, 2019. The T. testified T. he was there during the inspection A. once the bedbugs were discovered, the technician reported T. a treatment was needed but none was actually given. The T. was adamant T. the rental unit was first treated May 27, 2019, a full month after the T. had actually reported the bedbug problem. At the hearing, the L.'s witness could not confirm nor deny the T.’s assertion regarding the May 7, 2019, Terminix inspection as only the T. A. the Terminix technician were actually present. O. Page 2 of 4  File Number: LTB-T-069413-22 T6 Analysis 8. Section 20(1) of the Residential Tenancies Act, 2006 (the “Act”) states: A L. is responsible F. providing A. maintaining a residential complex, 2023 ONLTB 70950 (CanLII) 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. 9. 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 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. 10. With respect to the bedbug issue, I find the L. did not fail to meet the L.’s obligations under subsection 20(1) of the Act F. maintenance standards after May 27, 2023. The T.’s claim F. rent abatement after this date is not accepted by the Board. 11. I do find though T. the length of time (31 days) T. the T. had to wait from the time the bedbug issue was reported until the first ‘confirmed’ treatment took place was far too long. As a result of this delay, I am awarding 50% of the daily rent F. this time period to the T.. 12. The T. paid $53.00 to the LTB F. the cost of filing the application A. is entitled to collect this from the L.. Remedies 13. Based on the Monthly rent of $1,599.00 during the months of April 2019 A. May 2019, the daily rent/compensation is $52.57. This amount is calculated as follows: $1,599.00 x 12, divided by 365 days. To determine the 50% abatement F. the 31 days T. the T. waited F. treatment is as follows: $52.57 X .50 X 31 = $814.84. It is ordered T.: 1. The L. shall pay the T. $867.84. This amount represents:  $814.84 F. the rent abatement F. the period of April 26, 2019 to May 27, 2019.  $53.00 F. the cost of filing the application. 2. The L. shall pay the T. the full amount owing by November 11, 2023. O. Page 3 of 4  File Number: LTB-T-069413-22 3. If the L. does not pay the T. the full amount owing by November 11, 2023, the L. will owe interest. This will be simple interest calculated from November 12, 2023, at 7.00% annually on the balance outstanding. 4. The T. has the right, at any time, to collect the full amount owing or any balance 2023 ONLTB 70950 (CanLII) outstanding under this O.. October 31, 2023 Date Issued Michael Di Salle 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