Evictly

LTB Order LTB-T-088934-24

Rental unit
9 Glacier Cres Glacier Cres Scarborough ON M1X2A9
Landlord
D.T.T.N.K.M.A.T.H.Z.
Tenant
T.H.Z.L.D.T.A.N.K.T.T.A.F.A.O.D.T.
RTA section
s. 31
O. under Section 31 Residential Tenancies Act, 2006 File Number: LTB-T-088934-24 In the matter of: 9 Glacier Cres Glacier Cres Scarborough ON M1X2A9 Between: D. T. T. N. K. M. 17, 2026 A. T. H. Z. L. D. T. A. N. K. (the 'T.') A. F. an O. D. that H. Z. (the 'L.'): • substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the T. or by a member of their household. • harassed, obstructed, coerced, threatened or interfered with the T.. This application was heard by videoconference on March 12, 2026. The L. A. the T. attended the hearing. When the capitalized word “L.” is used in this O., it refers to all persons or companies identified as a L. at the top of the O.. When the capitalized word “T.” is used in this O., it refers to all persons identified as a T. at the top of the O.. Determinations: 1. As explained below, the T. did not prove the allegations contained in the application on a balance of probabilities. Therefore, the application is dismissed. Background 1. The tenancy began on December 9, 2022. The rental unit is a single-family home A. the lawful monthly rent was $3,300.00. 2. On September 24, 2024, the Board issued an O. in file number LTB-L-038720-24 terminating the tenancy effective October 31, 2024. O. Page 1 of 4 File Number: LTB-T-088934-24 3. The Tenants did not vacate the rental unit by that date. The Tenants ultimately vacated the unit on January 5, 2025 following enforcement by the Court Enforcement Officer (Sheriff). T.’s Position 4. The Tenants allege that the L. substantially interfered with their reasonable enjoyment A. harassed them. 5. The Tenants submit that a prospective L. attempted to contact the L. by telephone on October 17 A. October 18, 2024 F. a reference A. that the L. did not respond. The Tenants state that as a result they lost the opportunity to rent another property. 6. The T. (DT) testified that they live with family members including two young grandchildren A. a pregnant daughter A. that they experienced significant stress attempting to secure housing. 7. The T. submits that the L.’s representative advised them that a reference would only be provided if they delivered cheques F. rent arrears. 8. The T. submits that this requirement was coercive A. prevented them from obtaining housing. 9. The T. also submits that information relating to the Board proceedings was posted online on a forum called Opendoor A. that this has negatively affected their ability to secure housing. 10. The T. testified that because of the L.’s conduct they experienced repeated rental denials A. have continued to face housing difficulties. L.’s Position 11. The L. testified that the Tenants stopped paying rent in full beginning in July 2024 A. that the last payment received was on July 19, 2024, leaving a portion of the July rent outstanding. 12. The L. submits that no further rent payments were received after that date. 13. The L. testified that the prior Board O. provided that a reference letter would be given once the Tenants provided payment addressing the rent arrears. A copy of the O. was submitted into evidence. 14. The L. submits that this condition was never satisfied A. that no arrears cheques were received or deposited. 15. The L. submits that the Tenants did not dispute that they ultimately cancelled the cheques A. did not pay the arrears to the L.. O. Page 2 of 4 File Number: LTB-T-088934-24 16. It is the L.’s position that Board orders are public documents A. that posting a Board O. online does not alter the Tenants’ rental history. 17. The L. submits that the Tenants had several months following the September 2024 O. to secure alternative housing A. that their inability to do so was not caused by the L. as she only posted the O. after the T.’s vacated the rental unit. Analysis 19. The Tenants allege breaches of sections 22 A. 23 of the Act. These provisions prohibit a L. from substantially interfering with a T.’s reasonable enjoyment of the rental unit A. from harassing, coercing, threatening or interfering with a T.. 20. The Tenants’ primary allegation is that the L. failed to provide a reference to a prospective L.. 21. The evidence before me indicates that O. LTB-L-038720-24 issued on September 24, 2024 provides that the provision of a reference letter was conditional on the Tenants addressing the rent arrears identified in the earlier Board proceeding. The Board O. states “The L. will give a letter of reference to the Tenants once the Tenants provide an arrears cheque.” 22. The Tenants acknowledge that the arrears were not ultimately paid. 23. In these circumstances, I am not satisfied that the L. was obligated to provide a reference as the condition set out in the earlier Board O. had not been fulfilled. 24. Further, a L.’s failure to provide a reference to a prospective L. does not, in itself, constitute substantial interference with a T.’s reasonable enjoyment within the meaning of section 22 of the Act. A L. has not positive obligation under the Act to provide a T. with a reference. 25. The Tenants also allege that a representative of the L. advised that legal costs could be sought if the Tenants filed another application with the Board. 26. Even if such a statement was made, informing a party of potential legal consequences of litigation does not, on its own, amount to harassment or coercion under section 23 of the Act. 27. The Tenants further allege harassment on the basis that the L. posted information about the Board proceedings online. 28. Board orders are public documents, A. not confidential. The Tenants provided insufficient evidence that the L. engaged in conduct beyond the publication of information that is already publicly available. O. Page 3 of 4 File Number: LTB-T-088934-24 29. While I accept that the Tenants experienced difficulty securing housing, the evidence before me does not establish on a balance of probabilities that these difficulties were caused by conduct of the L. that would constitute a breach of the Act. 30. I therefore find that the Tenants have not established that the L. substantially interfered with their reasonable enjoyment or harassed them contrary sections 22 or 23 of the Act. 31. The Tenants’ application must therefore be dismissed. It is ordered that: 1. The Tenants’ application is dismissed. March 17, 2026 ____________________________ Date Issued Teresa Hunt 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