1147335 Ontario Inc. v. Eden

Tenant wins · 2022-04-28

Adjudicator

Backhouse J.

Dispute

Damage to Property, Eviction

Landlord

1147335 Ontario Inc., Weston Property Management

Tenant

T.E.

Landlord rep

Leroy A. Bleta

Tenant rep

Melissa Keogh

What happened

Landlord appealed LTB decision dismissing their application for eviction and damages related to a fire in the rental unit. The fire was caused by a discarded cigarette butt from elsewhere in the complex, not by the Tenant. The LTB had granted relief from eviction despite Tenant's lack of insurance being a substantial interference with Landlord's rights.

The ruling

The Divisional Court dismissed the Landlord's appeal of the LTB decision. The court found no errors of law in the LTB's factual determination that the Tenant did not cause the fire or in its decision to grant relief from eviction despite the Tenant's lack of insurance.