Breach of Contract (LTB): Difference between revisions
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==TET-92081-18 (Re), 2018 CanLII 113788 (ON LTB)<ref name="TET-92081-18"/>== | ==TET-92081-18 (Re), 2018 CanLII 113788 (ON LTB)<ref name="TET-92081-18"/>== | ||
38. In contract law, an unforeseeable unusual harm suffered by a plaintiff due to that person’s particular vulnerabilities will not be compensable in breach of contract unless the other party had prior knowledge of the person’s particular sensitivity. (See: Mustapha v. Culligan of Canada Ltd., [2008] 2 SCR 114, 2008 SCC 27 (CanLII).) | 38. In contract law, an unforeseeable unusual harm suffered by a plaintiff due to that person’s particular vulnerabilities will not be compensable in breach of contract unless the other party had prior knowledge of the person’s particular sensitivity. (See: <i>Mustapha v. Culligan of Canada Ltd., [2008] 2 SCR 114, 2008 SCC 27 (CanLII).</i><ref name="Mustapha"/>) | ||
<ref name="TET-92081-18">TET-92081-18 (Re), 2018 CanLII 113788 (ON LTB), <https://canlii.ca/t/hwbgm>, retrieved on 2024-08-02</ref> | <ref name="TET-92081-18">TET-92081-18 (Re), 2018 CanLII 113788 (ON LTB), <https://canlii.ca/t/hwbgm>, retrieved on 2024-08-02</ref> | ||
<ref name="Mustapha">Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 (CanLII), [2008] 2 SCR 114, <https://canlii.ca/t/1wz6f>, retrieved on 2024-08-02</ref> | |||
==References== | ==References== | ||
Revision as of 00:53, 3 August 2024
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-09-28 |
| CLNP Page ID: | 2399 |
| Page Categories: | |
| Citation: | Breach of Contract (LTB), CLNP 2399, <>, retrieved on 2024-09-28 |
| Editor: | Sharvey |
| Last Updated: | 2024/08/03 |
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TET-89788-18 (Re), 2018 CanLII 113779 (ON LTB)
35. When a tenancy agreement includes a service like free laundry it is a breach of the Act for a landlord to simply cease to provide the service. Most tenants file a T3 application alleging discontinuance of a service or a facility. Sometimes the discontinuance is retaliatory and done deliberately to upset a tenant in which case it is a breach of s. 23 of the Act. But fundamentally, regardless of what type of application a tenant files, the failure to provide a service like laundry that is included in a tenancy agreement is a substantial interference with the rights of a tenant. It is a contractual right granted to the tenant and is treated like a breach of contract.
36. So I am satisfied that when the Landlord cut off laundry access to the Tenant he breached section 22 of the Act.
TET-92081-18 (Re), 2018 CanLII 113788 (ON LTB)[2]
38. In contract law, an unforeseeable unusual harm suffered by a plaintiff due to that person’s particular vulnerabilities will not be compensable in breach of contract unless the other party had prior knowledge of the person’s particular sensitivity. (See: Mustapha v. Culligan of Canada Ltd., [2008] 2 SCR 114, 2008 SCC 27 (CanLII).[3])
References
- ↑ TET-89788-18 (Re), 2018 CanLII 113779 (ON LTB), <https://canlii.ca/t/hwbfv>, retrieved on 2024-08-02
- ↑ 2.0 2.1 TET-92081-18 (Re), 2018 CanLII 113788 (ON LTB), <https://canlii.ca/t/hwbgm>, retrieved on 2024-08-02
- ↑ 3.0 3.1 Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 (CanLII), [2008] 2 SCR 114, <https://canlii.ca/t/1wz6f>, retrieved on 2024-08-02
