Repair of Damage (Tenant)

S.O. 2006, C. 17 Residential Tenancies Act, 2006, S.O. 2006, c. 17

Tenant’s responsibility for repair of damage

34 The tenant is responsible for the repair of undue damage to the rental unit or residential complex caused by the wilful or negligent conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant. 2006, c. 17, s. 34.

Hou v. Buchanan, 2018 ONSC 2087 (CanLII)

[12] As per ss. 3(1), the RTA applies to rental units in residential complexes. In the RTA, the use of the word “tenant” is singular. The Interpretation Act, R.S.O. 1990, c. I.11 (“IA”) assists with the issue of singular versus plural. Subsection 28(j) of the IA states:

Words importing the singular number or the masculine gender only include more persons, parties or things of the same kind than one, and females as well as males and the converse.

[13] Clause 27 of the Lease contains a similar provision regarding gender and interpretation. It states as follows:

This Lease shall me read with all changes of gender or number required by the context. Any reference in this lease to the Tenant Protection Act means the Tenant Protection Act, as amended, and any legislation that replaces it.

[14] Consequently, read in context, the word “Tenant” in the Lease includes all 5 individuals: Buchanan, Brideau, Ryan, Musa and MacDonald. As a result, as per s. 34 of the RTA, and more particularly, Clauses 3 and 13(d) of the Lease, if it is determined that the “Tenant” is responsible for the cost to repair the Property, all 5 individuals listed as the “Tenant” in the Lease are responsible.