Medallion Corporation v. McIlroy

Tenant wins · 2023-09-21

Adjudicator

Matheson J.

Dispute

Maintenance, Substantial Interference

Amount

$5-10K

Landlord

M.C.

Tenant

S.M.

Landlord rep

David Strashin

Tenant rep

Shibil Siddiqi, Scott Byers

What happened

Tenant filed an application alleging interference with reasonable enjoyment due to noise from an adjacent unit occupied by a child with autism. The Landlord and Tenant Board (LTB) ruled in favor of the Tenant, ordering a rent abatement and directing the Landlord to investigate soundproofing options. The Landlord appealed this decision to the Divisional Court.

The ruling

The Divisional Court dismissed the Landlord's appeal of the LTB decision. The Court found no error of law in the LTB's ruling, which ordered a rent abatement and directed the Landlord to investigate soundproofing options. The Landlord was given an additional 30 days to comply with the original LTB order.