Useful Life of Work Done or Thing Purchased (RTA)

From Riverview Legal Group


Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-10-04
CLNP Page ID: 1932
Page Categories: [Maintenance Obligations (LTB)]
Citation: Useful Life of Work Done or Thing Purchased (RTA), CLNP 1932, <7Z>, retrieved on 2024-10-04
Editor: Sharvey
Last Updated: 2022/06/27

Need Legal Help?
Call (888) 655-1076


Hearn v Shantz, 2021 CanLII 91892 (ON LTB)[1]

7. However, the Schedule to Ontario Regulation 516/06, “Useful Life of Work Done or Thing Purchased”, applies a 10-year depreciation timetable for interior painting related to common areas. Given that the Landlords fixed and repainted the stair well on an unspecified date in 2019, for the purpose of this hearing I resolved the ambiguity in this date in favour of the Tenant and deemed that this activity took place at the start of 2019. In light of the fact that the damage took place at the start of 2020, the painting and repair effort would have already experienced 10% depreciation when the damage occurred. As such, I determined that the appropriate amount of the award is $900.00.

[1]

TEL-73386-16 (Re), 2017 CanLII 48941 (ON LTB)[2]

21. Still, the Board finds that the Landlord’s evidence, including the October 11, 2016 contracting quote in Exhibit #3, about this part of the claim is generally credible and is prepared to accept it as reliable. The floor being replaced, however, was not new. The Landlord testified that the unit had been rented to various tenants since 2010. Prior to renting out the unit, the Landlord lived there. Using 20 years as the useful life for hardwood flooring and13 years as the remaining useful life for the Landlord’s floor, the Board finds that the Landlord is entitled to 65% of the replacement cost or $2,600.00 as compensation for the damaged hardwood flooring. [See Schedule, Useful Life of Work Done or Thing Purchased, Ontario Regulation 516/06 under the Residential Tenancies Act, 2006]

[2]


References

  1. 1.0 1.1 Hearn v Shantz, 2021 CanLII 91892 (ON LTB), <https://canlii.ca/t/jj9xn>, retrieved on 2022-06-27
  2. 2.0 2.1 TEL-73386-16 (Re), 2017 CanLII 48941 (ON LTB), <https://canlii.ca/t/h534v>, retrieved on 2022-06-27