Gorog v Morse

Tenant wins · Toronto · 2025-11-10

Adjudicator

Jane Dean

Dispute

Substantial Interference, Tenant Rights

Amount

<$5K

Landlord

T.E.O.J.M.

Tenant

A.G., W.L.

Landlord rep

Catherine Lawrence, Sarah Teal, Tanya Dickie

Tenant rep

Wesley Lynah

What happened

The Tenants applied for an order determining that the Landlord changed the locks without providing keys and substantially interfered with their enjoyment of the unit. A fire occurred in April 2024 caused by the Landlord's roofing contractors, rendering the unit temporarily uninhabitable. The Landlord changed the locks and argued that the tenancy agreement was frustrated by the fire damage and should be terminated. The Tenants maintained their desire to return once repairs were completed.

The ruling

The Landlord's argument that the tenancy was frustrated by the fire was rejected. The Landlord is ordered to complete repairs and return vacant possession to the Tenants as soon as the unit is habitable. The Landlord must also reimburse the Tenants for the $48.00 application filing fee.