LTB Order LTB-T-073957-22

2023 ONLTB 58275 (CanLII) O. under Section 31 Residential Tenancies Act, 2006 Citation: L. v G., 2023 ONLTB 58275 Date: 2023-08-22 File Number: LTB-T- 073957-22/TST-13273-20 In the matter of: FLOOR 2, 1468 DUNDAS STREET WEST TORONTO ON M6J 1Y6 Tenant Between: A. J. L. A. L. V. G. A. J. L. (the 'Tenant') A. F. an O. D. T. V. G. (the 'L.') entered the rental unit illegally, harassed, obstructed, coerced, threatened or interfered with the Tenant. This application was heard by videoconference on August 15, 2022. The L. A. the Tenant attended the hearing. Determinations: 1. The Tenant filed an application about Tenant Rights (T2 application) with the Board on January 23, 2020. 2. This T2 application is about illegal entries, substantial interference with the reasonable enjoyment of a rental unit, A. harassment by another Tenant. 3. The issues to be determined by the Board in this application are first, whether the L. unlawfully entered the Tenant’s residential unit; A. second, whether the L.’s actions reached the threshold of harassment A. substantial interference with the Tenant's reasonable enjoyment of her rental unit. O. Page 1 of 5  File Number: LTB-T-073957-22 4. The residential complex is a 2-storey building A. the residential units are on the second level. 5. The Tenants moved into the rental unit on December 01, 2015, A. the monthly rent was $1,512.00. The Tenants vacated the unit on June 10, 2019. 2023 ONLTB 58275 (CanLII) Illegal Entry – Substantial Interference Tenant's Evidence: 6. The Tenant claims the L. A. his representatives illegally entered her rental unit between January 1 A. May 31, 201 9 to convert the unit to commercial use. The Tenant alleges T. the entry notices the L. gave her F. entries on January 07, 2019, January 10, 2019, March 04, 2019, April 04, 2019, April 06, 2019, April 10, 2019, A. May 02, 2019, were sometimes late A. less than 24 hours. The Tenant claims T. the timeframes specified in the entry notices were unreasonably long, e.g., 10 am to 3 pm, A. there were no-shows on some occasions, A. the L. or his agent did not accompany the workers A. inspectors when they entered the premises. 7. The Tenant also alleges T. the work completed in her rental unit on May 13, 2019, A. May 14, 2019, were the reasons provided in the L.'s entry notice. The Tenant claims T. the engineer drilled holes in the unmarked areas of the rental unit, including her bedroom, even though the L.'s entry notice indicated the drilling of the holes would be only in marked areas. L.'s Evidence: 8. The L. testified T. all notices were served to the Tenant at least 24 hours in advance of the proposed entry, A. every visit was accompanied by either him, the project manager (Ramon Vasconcellos, A. his partner, Carolina Ladeira, A. reasons F. the entries were clear. The L. submitted copies of the entry notices, which show T. the L. gave well advance 24-hour entry notices to the Tenant from January 07, 2019, to May 14, 2019. 9. The L. testified served an N13 notice to convert the property's purpose to commercial use. All entries made between January 2019 to May 2019 were done by qualified professionals involved in the early stages of application F. Building Permits A. Committee of Adjustments F. re-zoning, which were requirements F. the tenancy termination. The L. claims T. the inspection work was necessary F. the unit to request tenancy termination legally. O. Page 2 of 5  File Number: LTB-T-073957-22 10. The L. claims T. the May 13, 2019, A. May 2019 entry requests were clear with the reason, A. it was instead T. the Tenant was unreasonable A. disrespectful towards the workers. The holes drilled in the unmarked sections of the unit were small A. patched up right after to avoid any disturbance A. alteration in the unit. They covered the furniture A. put it back in place when done. They also cleaned the space A. left it as it was. The 2023 ONLTB 58275 (CanLII) L. claims T. the Tenant's argument of the apartment potentially getting cold does not hold up since the holes drilled into the ceiling were insulated A. patched back up. Analysis: 11. Section 25 of the Act ensures a Tenant’s right to privacy by providing T. a L. may enter a rental unit only in accordance with section 26 or 27. 12. Section 27(1) para.1 of the Act allows a L. to enter a rental unit to carry out a repair or replacement or do work in the rental unit, if the L. gives the Tenant a written notice given to the tenant at least 24 hours before the time of entry. 13. Subsection 27(3) of the Act provides T. a notice of entry must specify the reason F. the entry, among other requirements. 14. Pursuant to s. 191 of the Act service by e-mail is not a permitted method of service. However, s. 191(2) says T. if it can be proven T. the document came to the attention of the recipient within the time period required, the document shall be deemed to be validly served. 15. Based on these principles, the L.'s entries into the unit on January 07, January 10, March 04, April 04, April 06, April 10, A. May 02 of 2019 were legal. The evidence indicates T. the entry notices were delivered at least 24 hours before the scheduled entry. These notices also accurately described the reason F. the entry, the day of entry, A. a time slot between 8 a.m. A. 8 p.m. 16. Based on the testimonies A. documentary evidence, the L.'s workers drilling holes in the Tenant's bedroom ceiling was not the reason F. their entry on May 13, 2019. The L.'s notice stated T. the entry was F. the structural engineer to "cut the marked holes in the drywall A. to finalize his assessment." However, the L. cannot enter the premises F. any reason other than what is specified in the notice. Despite the Tenant's email requesting a reschedule of the hole drilling in her bedroom since the bedroom is not part of the marked areas, the L. did not respond, A. it allowed the structural engineer to proceed A. enter the Tenant's bedroom, which is an unacceptable invasion of the Tenant's privacy. 17. Therefore, I find T. the L. failed to comply with subsections 26(1) A. 27.1(3) of the Act when his workers entered into the Tenant’s bedroom on May 13, 2019. O. Page 3 of 5  File Number: LTB-T-073957-22 18. The leading case with respect to breach of privacy is Wrona v. Toronto Community Housing Corp., [2007] O.J. No. 423 (Ont. Div. Ct.). In T. case the Tenant was provided with notice, but the notice failed to meet the mandatory requirements of the Act. The Divisional Court granted the tenant an abatement of $1,000.00 F. a single illegal entry which was well in excess of 100% of the monthly rent charged. I am guided by the court in 2023 ONLTB 58275 (CanLII) Wrona in my determination as to the appropriate amount to award the Tenant with respect to the breach of her privacy rights. 19. In this circumstance, based on the precedent established by Wrona, A. in consideration of the impact of the illegal entry upon the Tenant, a reasonable amount of rent abatement F. the illegal entry on May 01, 2019, is $750.00. In the case before me, the L.’s agent entered the Tenant’s bedroom to drill holes in the wall when it was not stated as reason of entry on the notice. The breach constituted a serious invasion of the Tenant’s privacy. 20. Pursuant to section 22 of the Act, I also find T. the evidence establishes T. the illegal entries on May 13, 2019 substantially interfered with the Tenant's reasonable enjoyment of the unit. Therefore, I find T. the Tenant is entitled to a further rent abatement equal 10% of the monthly rent of May 2019, the month in which the incident happened. As the monthly rent is $1,512.00, the total rent abatement awarded to the Tenant shall be $151.20. 21. The O. contains all the reasons F. the decisions within the O.. No other reasons will be issued. It is ordered T.: 1. The total amount the L. shall pay the Tenant is $954.20. This amount represents: • a rent abatement in the amount of $901.20 F. the illegal entry A. F. substantially interfering with the Tenant’s reasonable enjoyment of the rental unit. • $53.00 F. the cost of filing the application. 2. The L. shall pay the Tenant the full amount owing by September 2, 2023. 3. If the L. does not pay the Tenant the full amount owing by September 2, 2023, the L. will owe interest. This will be simple interest calculated from September 3, 2023 at 6.00% annually on the balance outstanding. 4. The Tenant has the right, at any time, to collect the full amount owing or any balance outstanding under this O.. O. Page 4 of 5  File Number: LTB-T-073957-22 August 22, 2023 ____________________________ Date Issued Percy Laryea Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor 2023 ONLTB 58275 (CanLII) 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 5 of 5