Breach of Contract (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-26
CLNP Page ID:	2399
Page Categories:
Citation:	Breach of Contract (LTB), CLNP 2399, <>, retrieved on 2024-11-26
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)

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).)