Laws v 79681 Bluewater Hwy Investments Inc.
Landlord wins · Goderich · 2025-07-02
- Adjudicator
- Mark Melchers
- Dispute
- Maintenance
- Landlord
- 79681 Bluewater Hwy Investments Inc.
- Tenant
- J.R.L.
- Landlord rep
- Julie Kruzick
What happened
The Tenant filed an application seeking compensation for vehicle damage after a tree branch fell on her windshield while driving through the mobile home park. The Tenant claimed the Landlord was negligent in tree maintenance after she had previously warned the park manager about a loose branch. The Landlord contested the claim, providing evidence of proactive tree maintenance and noting that extreme weather conditions, including hurricane remnants and high winds, occurred on the day of the incident.
The ruling
The Tenant's application was dismissed. While the Board accepted that the Tenant's vehicle was damaged and she incurred costs, she failed to prove on a balance of probabilities that the Landlord breached maintenance obligations. The damage was likely caused by unusually high winds from hurricane remnants, and the Landlord showed evidence of proactive tree maintenance in the complex.