Burden of Proof (LTB)

SWL-01205-17 (Re), 2017 CanLII 93912 (ON LTB)

5. It is the Landlord’s obligation to prove on a balance of probabilities the damage was caused by the Tenant. I believe both parties equally and given there was no detailed written incoming inspection signed by the parties to establish the condition of the rental unit, I find on a balance of probabilities the Landlord has failed to prove the Tenant damaged the cupboards.

8. It is the Landlord’s obligation to prove the damage was wilful or negligent. There was no evidence presented to support the damage to the blinds was anything other than normal wear and tear. Although the blinds were bent, in the absence of any explanation from the Landlord as to how the damage occurred, I accept the Tenant’s version of events and deny the Landlord’s claim for the blinds.