Insurance Deductible: Difference between revisions

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3.      The Landlord shall pay to the Tenant the cost for the payment of her insurance deductible upon the Tenant producing, to the Landlord, the original insurance invoice, with proof of payment.
3.      The Landlord shall pay to the Tenant the cost for the payment of her insurance deductible upon the Tenant producing, to the Landlord, the original insurance invoice, with proof of payment.
==TNT-72970-15 (Re), 2015 CanLII 79425 (ON LTB)<ref name="TNT-72970-15 (Re)"/>==
14.  I will treat as reliable the Tenant’s evidence that the insurance deductible would have been $500.00.  <b><u>This amount will therefore be assessed against the Landlord, as this would have been his out of pocket expense had he mitigated his damages.</b></u>
(...)
<b>It is ordered that:</b>
1.      The Landlord shall pay the Tenant the sum of $500.00.
==TET-49797-14 (Re), 2014 CanLII 65103 (ON LTB)<ref name="TET-49797-14 (Re)"/>==
3.      The Tenant does have contents insurance and if the claim is approved the Tenant will have to pay a deductable of $1,000.00.  Pursuant to section 16, of the <i>Residential Tenancies Act</i>, 2006 (RTA), when a party becomes entitled to an amount from the other party the party entitled to make the claim shall minimize their losses.  In this matter there is no doubt the amount of the losses exceed $1,000.00.  Therefore, the Tenant will be entitled to the amount of her deductable


==References==
==References==
Line 22: Line 36:
<ref name="TST-58769-14">
<ref name="TST-58769-14">
TST-58769-14 (Re), 2015 CanLII 36966 (ON LTB), <https://canlii.ca/t/gjtbl>, retrieved on 2022-04-18</ref>
TST-58769-14 (Re), 2015 CanLII 36966 (ON LTB), <https://canlii.ca/t/gjtbl>, retrieved on 2022-04-18</ref>
<ref name="TNT-72970-15 (Re)">
TNT-72970-15 (Re), 2015 CanLII 79425 (ON LTB), <https://canlii.ca/t/gmcm1>, retrieved on 2022-04-18</ref>
<ref name="TET-49797-14 (Re)">
TET-86059-17 (Re), 2018 CanLII 42849 (ON LTB), <https://canlii.ca/t/hs1dl>, retrieved on 2022-04-18</ref>

Latest revision as of 23:49, 18 April 2022


Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-11-23
CLNP Page ID: 1910
Page Categories: Landlord & Tenant (Residential
Citation: Insurance Deductible, CLNP 1910, <6x>, retrieved on 2024-11-23
Editor: MKent
Last Updated: 2022/04/18

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TST-58769-14 (Re), 2015 CanLII 36966 (ON LTB)[1]

29. The Tenant claims the cost for the payment of her insurance deductible. The Tenant did not provide evidence of what her costs were in this regard. However, I find that this cost is a reasonable expense to award to the Tenant upon her producing the original insurance invoice, with proof of payment, to the Landlord.

(...)

It is ordered that:

(...)

3. The Landlord shall pay to the Tenant the cost for the payment of her insurance deductible upon the Tenant producing, to the Landlord, the original insurance invoice, with proof of payment.

TNT-72970-15 (Re), 2015 CanLII 79425 (ON LTB)[2]

14. I will treat as reliable the Tenant’s evidence that the insurance deductible would have been $500.00. This amount will therefore be assessed against the Landlord, as this would have been his out of pocket expense had he mitigated his damages.

(...)

It is ordered that:

1. The Landlord shall pay the Tenant the sum of $500.00.

TET-49797-14 (Re), 2014 CanLII 65103 (ON LTB)[3]

3. The Tenant does have contents insurance and if the claim is approved the Tenant will have to pay a deductable of $1,000.00. Pursuant to section 16, of the Residential Tenancies Act, 2006 (RTA), when a party becomes entitled to an amount from the other party the party entitled to make the claim shall minimize their losses. In this matter there is no doubt the amount of the losses exceed $1,000.00. Therefore, the Tenant will be entitled to the amount of her deductable

References

[1] [2] [3]

  1. 1.0 1.1 TST-58769-14 (Re), 2015 CanLII 36966 (ON LTB), <https://canlii.ca/t/gjtbl>, retrieved on 2022-04-18
  2. 2.0 2.1 TNT-72970-15 (Re), 2015 CanLII 79425 (ON LTB), <https://canlii.ca/t/gmcm1>, retrieved on 2022-04-18
  3. 3.0 3.1 TET-86059-17 (Re), 2018 CanLII 42849 (ON LTB), <https://canlii.ca/t/hs1dl>, retrieved on 2022-04-18