Harper v. Sauve

Tenant wins · Powassan · 2022-10-11

Adjudicator

C. MacLeod

Dispute

Substantial Interference, Tenant Rights

Landlord

R.S.

Tenant

S.H., G.H.

Landlord rep

Adam Lake

Tenant rep

Lesli Bisgould, Anna Rosenbluth, Jason Swain

What happened

Tenants appealed an LTB decision that granted them a remedy against the landlord for interfering with quiet enjoyment, but did not provide a sufficient remedy in their view. The tenants sought a more comprehensive order preventing the landlord from interfering with their guests and an abatement of rent for the period affected. The landlord had banned the tenants' personal support worker from the property, issued a trespass notice, and called the police, depriving the tenants of necessary services for over three months.

The ruling

The Divisional Court allowed the tenants' appeal and remitted the matter back to the LTB for a new hearing before a different member. The court found that the LTB member failed to provide procedural fairness by not allowing the tenants to present their evidence or challenge the landlord's facts. The existing order prohibiting the landlord from interfering with the personal support worker's visits will remain in effect until the LTB deals with the matter again.