Administrative Fines (LTB)

TNT-98923-17 (Re), 2018 CanLII 42639 (ON LTB)

13. The Tenants requested that the Board impose an administrative fine on the Landlord because the Landlord has a history of violating tenants’ rights. The evidence shows that the Landlord owns up to 11 residential properties through numbered companies and rents them under the banner of “Russian Rental.” The Landlord tendered documents showing the sale or transfer of various properties by the Landlord to various numbered companies to avoid creditors and thwart orders or judgements. The Landlord’s conduct in this case is egregious. It illustrates the Landlord’s woeful disregard of the statutory scheme governing landlord-tenant relationship and the lengths to which she would go to avoid enforcement of the Act. It is pertinent to note that on two previous occasions the Board imposed an administrative fine on the Landlord’s numbered company ($3,500.00, pursuant to order TNL-28299-12, issued on August 1, 2012, and $2,500.00 pursuant to order TNT-87345-16, issued on March 23, 2017). The fines have not been paid and have not deterred the Landlord from engaging in conduct prohibited under the Act. Thus, a higher fine is appropriate. The Landlord must pay to the Board an administrative fine in the amount of $7,500.00.

TST-91350-17 (Re), 2018 CanLII 123289 (ON LTB)

20. The total of the remedies awarded to the Tenant in this order is $7,806.28 (including $50.00 for the cost of filing this application). Taking into account the Landlord’s expected benefit from breaching the Act, the Landlord’s actual cost is $1,506.28. I do not believe this amount is a sufficient deterrent, even to an individual landlord. Accordingly, the Landlord will be ordered to pay an administrative fine in the amount of $5,000.00 as a deterrent and to encourage future compliance.

TST-95702-18 (Re), 2018 CanLII 123308 (ON LTB)

16. The Board's authority to order an administrative fine is set out in the Act under sections 31(1)(d), 41(6), 57(3) paragraph 3, and 115(3) respectively. To quote from the Board’s Guideline 16: “An administrative fine is a remedy to be used by the Board to encourage compliance with the Residential Tenancies Act, 2006 (the "RTA"), and to deter landlords from engaging in similar activity in the future. This remedy is not normally imposed unless a landlord has shown a blatant disregard for the RTA and other remedies will not provide adequate deterrence and compliance.”

17. The Landlord’s agents acted deliberately and highhandedly when they forcefully and painfully physically escorted the Tenant out of, and away from the residential complex. They unashamedly made a show of placing all of his personal belongings on the lawn in front of the building, kept him away so that he could not retrieve any personal or work related items, not caring whether they were depriving him of a livelihood and driving him into a shelter without colour of right. I find the behaviour of the Landlord’s agents egregious in its violation of the Act and inhumane. Therefore, I will order the Landlord to pay a $10,000 administrative fine as requested in the application.