Relief from Eviction (Maintenance)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	540
Page Categories:	[Maintenance Obligations (LTB)], [Payment of Rent (LTB)‎]
Citation:	Relief from Eviction (Maintenance), CLNP 540, <https://rvt.link/34>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2023/02/01

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

83 (1) Upon an application for an order evicting a tenant, the Board may, despite any other provision of this Act or the tenancy agreement,

(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or

(b) order that the enforcement of the eviction order be postponed for a period of time.

(2) If a hearing is held, the Board shall not grant the application unless it has reviewed the circumstances and considered whether or not it should exercise its powers under subsection (1).

(3) Without restricting the generality of subsection (1), the Board shall refuse to grant the application where satisfied that,

(a) the landlord is in serious breach of the landlord’s responsibilities under this Act or of any material covenant in the tenancy agreement;

(b) the reason for the application being brought is that the tenant has complained to a governmental authority of the landlord’s violation of a law dealing with health, safety, housing or maintenance standards;

(c) the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights;

(d) the reason for the application being brought is that the tenant is a member of a tenants’ association or is attempting to organize such an association; or

(e) the reason for the application being brought is that the rental unit is occupied by children and the occupation by the children does not constitute overcrowding.

(4) The Board shall not issue an eviction order in a proceeding regarding termination of a tenancy for the purposes of residential occupation, demolition, conversion to non-residential rental use, renovations or repairs until the landlord has complied with section 48.1, 52, 54 or 55, as the case may be.

(5) If a tenant has given a landlord notice under subsection 53 (2) and subsection 54 (2) applies, the Board shall not issue an eviction order in a proceeding regarding termination of the tenancy until the landlord has compensated the tenant in accordance with subsection 54 (2).

TSL-78756-16 (Re), 2017 CanLII 28518 (ON LTB)

39. The Tenant submitted that the Board must deny the eviction pursuant to subsection 83(3)(a) of the Act because the Landlord failed to provide adequate heat in the unit from October 2016 to December 2016.

40. In the Tenants’ position, this constitutes a serious breach of the Landlord’s responsibilities for the purposes of s.83(3)(a) of the Act. Therefore, this provision of the Act prevents me from granting the Landlord’s application for termination and eviction.

41. The wording in s. 83(3)(a) is in the present tense meaning that the serious breach must be ongoing at the time of the hearing before the Board (see Puterbough v. Canada (Public Works & Government Services (2007) O.J. No. 748 (Ont. Div. Ct.) at para. 28).