Goodwin v Gillani

Tenant wins · Kitchener · 2024-09-27

Adjudicator

Alexandre Traboulsi

Dispute

Harassment, Substantial Interference

Landlord

Irfan Investments

Tenant

A.G., N.G.

Landlord rep

Irfan Gillani, Peter Schroeder

What happened

The Tenants, Andrew Goodwin and Norma-Jean Goodwin, applied for an order determining that the Landlord, Irfan Investments, has substantially interfered with their reasonable enjoyment of the rental unit or residential complex, and has harassed, obstructed, coerced, threatened or interfered with them. The key issue is the Landlord's failure to make the building's front entrance accessible to the Tenant, Andrew Goodwin, who uses a wheelchair due to his disability.

The ruling

The Landlord must, by December 31, 2024, redesign and apply for permits to construct and install a ramp to the main building front entrance that is compliant with the Building Code to make it accessible to the Tenant who is using a wheelchair. Alternatively, the Landlord may offer the Tenants an accessible ground floor unit in the residential complex, but cannot charge them a higher rent than their current unit.