Mitchell v Craparotta

Landlord wins · Cobourg · 2025-07-23

Adjudicator

Nersi Makki

Dispute

Reduction Or Discontinuance Of Service, Tenant Rights

Landlord

E.C., Brokengoat Investments

Tenant

P.M.

Tenant rep

Angad Singh

What happened

The Tenant filed an application (T2) claiming the Landlords substantially interfered with her reasonable enjoyment and harassed her. Specifically, the Tenant alleged that the Landlords discontinued her use of a storage locker in 2019. The Landlords did not attend the hearing despite being served. The LTB focused on whether the claim for a discontinued service was filed within the legal time limits prescribed by the Act.

The ruling

The application is dismissed. The Board found that the Tenant's claim for the loss of a storage locker, which occurred in 2019, was filed well past the one-year limitation period allowed under section 130(5) of the Residential Tenancies Act, 2006. Even though the Tenant framed the issue as a breach of quiet enjoyment, the specific rules for discontinued services apply and bar the claim.