Obstruction (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-24
CLNP Page ID:	1818
Page Categories:	Interference of Reasonable Enjoyment (LTB)
Citation:	Obstruction (LTB), CLNP 1818, <4v>, retrieved on 2024-11-24
Editor:	MKent
Last Updated:	2021/11/24

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SWT-07712-17 (Re), 2017 CanLII 93935 (ON LTB)

10. I am satisfied that the Landlord substantially interfered with the Tenant’s reasonable enjoyment of the property by illegally evicting her from the unit and that the Landlord also coerced and obstructed the Tenant by failing to address the legitimate safety concerns respecting the windows.

(...)

14. Section 23 of the Act sets out that a landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant.

15. I accept the uncontested testimony of the Tenant and find that by misleading the Tenant about the fire safety of the windows in her rental unit, the Landlord obstructed the Tenant. The Landlord knew, or should have known, that the windows in the Tenant’s rental unit did not meet the fire code requirements. Given that the Tenant complained specifically about this issue, even if the Landlord was unaware of the window issue at the time the Tenant took possession, there is no reason the Landlord should not have known the windows were not safe after sending someone to measure them. The reassurance that the windows were “fine”, and the explanation given to the Tenant that she just needed to remove the windows from their frames if needed (and that she should Google how to do this) is irresponsible and is a deliberate obfuscation of the facts, which in my view amounts to coercion and obstruction of the Tenant.

References

<ref="SWT-07712-17">SWT-07712-17 (Re), 2017 CanLII 93935 (ON LTB), <https://canlii.ca/t/hq1x3>, retrieved on 2021-11-23</ref>