Mir-Khaef v. Reid

Tenant wins · 2020-03-04

Adjudicator

D.L. Corbett

Dispute

Damage to Property

Landlord

L.M.

Tenant

K.R., L.R.

Landlord rep

Timothy Gindi

Tenant rep

Zaheed Moral, Obaidul Hoque

What happened

Landlord appealed a Landlord and Tenant Board decision that dismissed her application for compensation from Tenants for flood damage to a leased condominium unit. The Board found the Tenants were not negligent and their failure to maintain insurance as required by the lease did not make them liable for repair costs.

The ruling

The Divisional Court dismissed the Landlord's appeal of the Landlord and Tenant Board decision. The court found no errors of law in the Board's ruling that the Tenants were not negligent in causing the flood damage and that their failure to maintain insurance did not make them liable for repair costs. The Landlord was ordered to pay $4,000 in costs to the Tenants.