Beseiso v. Presendieu

Tenant wins · 2022-11-14

Adjudicator

Swinton J.

Dispute

Harassment, Illegal Entry, Illegal Lockout

Amount

>$20K

Landlord

A.B., Beseiso Realty Inc., F.J.B.

Tenant

G.P.

Tenant rep

Daniel Tucker-Simmons

What happened

The Tenant applied to the LTB alleging illegal lock-out, illegal entry, harassment, and interference by the Landlords. The LTB ruled in favor of the Tenant, ordering the Landlords to pay $12,242.30 in damages. The Landlords appealed to the Divisional Court but later abandoned their appeal. The Tenant cross-appealed for additional general damages for pain and suffering.

The ruling

The Divisional Court dismissed the Landlords' appeal as abandoned and allowed the Tenant's cross-appeal. The court amended the LTB order to include an additional $5,000 in general damages for pain and suffering, bringing the total damages to $17,242.30. The Landlords were also ordered to pay $5,250 plus HST in legal costs to the Tenant.