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| [[Category:Maintenance Obligations (LTB)]]
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| [[Category:Payment of Rent (LTB)]]
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| [[Category:Section 83 (RTA)]]
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| {{Citation:
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| | categories = [Maintenance Obligations (LTB)], [Payment of Rent (LTB)]
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| | shortlink = https://rvt.link/34
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| }}
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| ==Residential Tenancies Act, 2006, S.O. 2006, c. 17<ref name="RTA"/>==
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| <b><u>83 (1) Upon an application for an order evicting a tenant,</b></u> the Board may, despite any other provision of this Act or the tenancy agreement,
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| ::(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or
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| ::(b) order that the enforcement of the eviction order be postponed for a period of time.
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| :(2) If a hearing is held, the Board shall not grant the application unless it has reviewed the circumstances and considered whether or not it should exercise its powers under subsection (1).
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| :(3) Without restricting the generality of subsection (1), <b><u>the Board shall refuse to grant the application where satisfied that</b></u>,
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| ::<b><u>(a) the landlord is in serious breach of the landlord’s responsibilities under this Act or of any material covenant in the tenancy agreement;</b></u>
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| ::<b><u>(b) the reason for the application being brought is that the tenant has complained to a governmental authority of the landlord’s violation of a law dealing with health, safety, housing or maintenance standards;</b></u>
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| ::<b><u>(c) the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights;</b></u>
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| ::<b><u>(d) the reason for the application being brought is that the tenant is a member of a tenants’ association or is attempting to organize such an association;</b></u> or
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| ::(e) the reason for the application being brought is that the rental unit is occupied by children and the occupation by the children does not constitute overcrowding.
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| :(4) The Board shall not issue an eviction order in a proceeding regarding termination of a tenancy for the purposes of residential occupation, demolition, conversion to non-residential rental use, renovations or repairs until the landlord has complied with section 48.1, 52, 54 or 55, as the case may be.
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| :(5) If a tenant has given a landlord notice under subsection 53 (2) and subsection 54 (2) applies, the Board shall not issue an eviction order in a proceeding regarding termination of the tenancy until the landlord has compensated the tenant in accordance with subsection 54 (2).
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| <ref name="RTA">Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17#BK180>, retrieved on 2020-06-10</ref>
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| ==TSL-78756-16 (Re), 2017 CanLII 28518 (ON LTB)<ref name="TSL-78756-16"/>==
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| 39. The Tenant submitted that the Board must deny the eviction pursuant to subsection 83(3)(a)<ref name="RTA83"/> of the Act because the Landlord failed to provide adequate heat in the unit from October 2016 to December 2016.
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| 40. In the Tenants’ position, this constitutes a serious breach of the Landlord’s responsibilities for the purposes of s.83(3)(a)<ref name="RTA83"/> of the Act. Therefore, this provision of the Act prevents me from granting the Landlord’s application for termination and eviction.
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| <b><u>41. The wording in s. 83(3)(a)<ref name="RTA83"/> is in the present tense meaning that the serious breach must be ongoing at the time of the hearing before the Board</b></u> (see Puterbough v. Canada (Public Works & Government Services (2007) O.J. No. 748 (Ont. Div. Ct.) at para. 28<ref name="Puterbough"/>).
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| <ref name="TSL-78756-16">TSL-78756-16 (Re), 2017 CanLII 28518 (ON LTB), <http://canlii.ca/t/h3r09>, retrieved on 2020-06-10</ref>
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| <ref name="Puterbough">Puterbough v. Canada (Public Works & Government Services), 2007 CarswellOnt 2222 <https://caselaw.ninja/img_auth.php/f/ff/Puterbough_v_Canada_%28Public_Works_And_Government_Services%29.pdf>retrieved on 2020-06-10</ref>
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| ==References==
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