Manel Investments Inc. v. Brock

Landlord wins · 2019-02-28

Adjudicator

R.E. Charney

Dispute

Damage to Property

Amount

<$5K

Landlord

Manel Investments Inc.

Tenant

R.B., K.T.

Landlord rep

Daniel Yudashkin

Tenant rep

Dale Lediard

What happened

Landlord appealed a Small Claims Court judgment awarding $660 in damages against Tenants for cleaning and repair costs after they vacated the rental property. Landlord sought $9,905 in damages, claiming Tenants failed to leave the property in an undamaged and broom-swept condition as required by the rental agreement.

The ruling

The Divisional Court allowed the appeal in part, increasing the judgment from $660 to $780 in favor of the Landlord. The court found that the Deputy Judge erred in applying s. 42 of the Residential Tenancies Act to limit the Landlord's claim for garbage disposal, but this error did not warrant a new trial. The court rejected claims of bias against the Deputy Judge and upheld most of the original findings, including the determination that the Torman invoice was not reliable evidence of actual costs.