Katarzyna & Dariusz Kondracki c/o Dore Property Management v Lissansky

Tenant wins · Ottawa · 2024-10-09

Adjudicator

Kevin O'Brien

Dispute

Damage to Property

Amount

<$5K

Landlord

K.K., D.K.

Tenant

A.L.

Landlord rep

A. Skelly

Tenant rep

R. Perry

What happened

Landlords applied for an order requiring Tenant to pay reasonable costs to repair or replace undue damage to property caused by Tenant's movers during move-in.

The ruling

Landlords' application dismissed. Landlords failed to prove on a balance of probabilities that the damage constituted 'undue damage' under s. 89(1) of the Act, and failed to provide evidence of the reasonable costs to repair the damaged portion of the column.