Bad Faith (T5 Application)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-27
CLNP Page ID:	1854
Page Categories:	[Personal Use Application (LTB)]
Citation:	Bad Faith (T5 Application), CLNP 1854, <64>, retrieved on 2024-11-27
Editor:	Sharvey
Last Updated:	2022/01/26

Need Legal Help?
Call (888) 655-1076

Join our ranks and become a Ninja Initiate today

Residential Tenancies Act, 2006

57 (1) The Board may make an order described in subsection (3) if, on application by a former tenant of a rental unit, the Board determines that,

(a) the landlord gave a notice of termination under section 48 in bad faith, the former tenant vacated the rental unit as a result of the notice or as a result of an application to or order made by the Board based on the notice, and no person referred to in clause 48 (1) (a), (b), (c) or (d) occupied the rental unit within a reasonable time after the former tenant vacated the rental unit;

(b) the landlord gave a notice of termination under section 49 in bad faith, the former tenant vacated the rental unit as a result of the notice or as a result of an application to or order made by the Board based on the notice, and no person referred to in clause 49 (1) (a), (b), (c) or (d) or 49 (2) (a), (b), (c) or (d) occupied the rental unit within a reasonable time after the former tenant vacated the rental unit; or

(c) the landlord gave a notice of termination under section 50 in bad faith, the former tenant vacated the rental unit as a result of the notice or as a result of an application to or order made by the Board based on the notice, and the landlord did not demolish, convert or repair or renovate the rental unit within a reasonable time after the former tenant vacated the rental unit. 2006, c. 17, s. 57 (1).

(2) No application may be made under subsection (1) more than one year after the former tenant vacated the rental unit. 2006, c. 17, s. 57 (2).

(3) The orders referred to in subsection (1) are the following:

1. An order that the landlord pay a specified sum to the former tenant for all or any portion of any increased rent that the former tenant has incurred or will incur for a one-year period after vacating the rental unit.

1.1 An order that the landlord pay a specified sum to the former tenant as general compensation in an amount not exceeding the equivalent of 12 months of the last rent charged to the former tenant. An order under this paragraph may be made regardless of whether the former tenant has incurred any actual expenses or whether an order is made under paragraph 2.

1.2 An order that the landlord pay a specified sum to the former tenant for reasonable out-of-pocket moving, storage and other like expenses that the former tenant has incurred or will incur.

2. An order for an abatement of rent.

3. An order that the landlord pay to the Board an administrative fine not exceeding the greater of $10,000 and the monetary jurisdiction of the Small Claims Court.

4. Any other order that the Board considers appropriate. 2006, c. 17, s. 57 (3); 2020, c. 16, Sched. 4, s. 9 (1).

(4) In an application under subsection (1), the Board may find that the landlord gave a notice of termination in bad faith despite a previous finding by the Board to the contrary. 2006, c. 17, s. 57 (4).

(5) For the purposes of an application under clause (1) (a), it is presumed, unless the contrary is proven on a balance of probabilities, that a landlord gave a notice of termination under section 48 in bad faith, if at any time during the period described in subsection (6) the landlord,

(a) advertises the rental unit for rent;

(b) enters into a tenancy agreement in respect of the rental unit with someone other than the former tenant;

(c) advertises the rental unit, or the building that contains the rental unit, for sale;

(d) demolishes the rental unit or the building containing the rental unit; or

(e) takes any step to convert the rental unit, or the building containing the rental unit, to use for a purpose other than residential premises. 2017, c. 13, s. 10.

(6) The period referred to in subsection (5) is the period that,

(a) begins on the day the landlord gives the notice of termination under section 48; and

(b) ends one year after the former tenant vacates the rental unit. 2017, c. 13, s. 10.

(7) Subsections (5) and (6) apply with respect to an application under clause (1) (a) if the application is made on or after the day section 10 of the Rental Fairness Act, 2017 comes into force and is based on a notice of termination given under section 48 on or after that day. 2017, c. 13, s. 10.

TET-04897-19 (Re), 2020 CanLII 61068 (ON LTB)

12. The Tenant seeks the following remedies: a rent differential, moving costs, an increase in her car and home insurance premiums, extra travel expenses she’s had to incur, lost wages, lost property due to downsizing and general damages for pain and suffering.

13. In terms of rent differential, I am satisfied the Tenants is entitled to an order requiring the Landlord to pay rent differential for one year totaling $10,116.00.

14. The Tenant paid rent of $1,407.00 per month at the rental unit. The Tenants’ new home is roughly the equivalent to the rental unit as both are single family homes. While the rental unit had three bedrooms, the Tenant’s present home has two bedrooms and is smaller in size. The rent the Tenant now pays is $2,250.00. The Tenant lived in the rental unit for more than two years so rent differential for a year is justified.

15. The Tenant is also entitled to moving costs totalling $894.00 and an order shall issue requiring the Landlord to reimburse the Tenant for this amount. The Tenant presented a quote and testified to the expenses she incurred for hiring a moving company to transport her belongings from the rental unit to her new place.

16. With respect to the Tenant’s request for the Landlord to reimburse her for the home and car insurance premium increases, there was no evidence led at the hearing that would actually support the notion that the Tenant ’s premium increases were a direct result of the Tenant ’s move to a location ten minutes away as opposed to how old the property is, its square footage and features, etc. Thus, the Tenant ’s request for these increased premiums is dismissed.

17. With respect to the Tenant’s request for reimbursement of the deposit paid to the new hydro company in the amount of $175.00, there was no evidence before me that indicated this was a charge incurred by the Tenant; rather, it suggests that the security deposit may be returned. As such, the Tenant ’s request for reimbursement of this deposit is dismissed.

18. The Tenant also seeks $2,640.00 for increased travel expenses as her children were no longer able to walk to their schools like they used to when they resided at the rental unit. This is essentially a claim for damages arising from the Landlord’s breach. The Board has the jurisdiction to order it pursuant to s. 57(3)4 and I am satisfied the Tenants’ request in this regard is reasonable.

19. Given the policy objective enunciated in s. 57, the one year maximum that can be awarded for rent differential and the fact the school year is about 40 weeks long, it seems to me an appropriate amount for damages is $220.00 a month for ten months (the school year) totaling $2,200.00. An order shall issue accordingly.

19. The Tenant also seeks $1,980.00 in lost wages for having to take to weeks off work to move. The Tenant submitted a copy of her paystub for the pay period between August 17, 2019 and August 30, 2019 showing her net pay as $463.68. As the cause of the Tenant’s move directly relates to the Landlord’s bad faith service of then notice of termination, I find it appropriate to order $463.68 which represents her net pay for two weeks.

20. The Tenant also seeks reimbursement of $5,000.00 for lost belongings. She testified that because her new home was smaller than the rental unit, she had to dispose of many items; the total value of these items is $5,000.00. However, the Landlord did not force her to discard her items; the Tenant could have stored them in a storage facility (and claimed storage costs on her application), but she chose to discard them. Thus, I do not find the Landlord to be responsible for the choice to discard these items.

21. The Tenant sought $1,000.00 in general damages for pain and suffering for the stress the Landlord put her through. I find that the Tenant is entitled to this amount. I say this because the remedies above do not take into account the psychological impact on the Tenant of what happened; the Tenant was clearly stressed out in having to find a new place that would be appropriate for her children and allow them to attend school. She testified that as a single mother, leaving her home of eleven years and having to find something affordable was a very difficult task.

22. The Tenant’s application also sought an abatement of rent. However, no evidence was led nor were any submissions with respect to this claim at the hearing, thus this claim must be dismissed.

23. Finally, the Tenant is entitled to an order requiring the Landlord to pay the cost of filing the application.

It is ordered that:

1. The Landlord shall pay to the Tenant a $14,673.68 which represents the following: total amount of rent differential, moving costs incurred by the Tenant, extra travel expenses incurred by the Tenant’s children for no longer being able to walk to school, lost wages for having to pack her home of eleven years in two weeks and general damages for the impact the move and the Landlord’s conduct had on the Tenant.