Smith v Deschamp

Split/Other wins · Sault Ste. Marie · 2025-07-25

Adjudicator

Nancy Morris

Dispute

Damage to Property, Illegal Act, Maintenance, Substantial Interference, Tenant Rights

Notice

Serious impairment of safety (N7)

Amount

$5-10K

Landlord

J.D.G.S.

Tenant

R.D.

Landlord rep

C. Santerre, N. Chevalier

Tenant rep

D. Saunders

What happened

The Landlord sought to evict the Tenant after a grease fire occurred in the rental unit, alleging serious impairment of safety. The Tenant filed counter-applications alleging he was illegally locked out for 2.5 months following the fire, that the Landlord failed to perform necessary repairs for nearly three years, and that the Landlord refused to accept rent in an attempt to force him out. The Tenant sought rent abatement, general compensation for the hardship of being homeless during the lockout, and compensation for lost personal property.

The ruling

Eviction is denied because the Landlord committed a serious breach of the Act by illegally locking out the Tenant and refusing repairs. The Tenant is ordered to pay a net balance of $8,838.50 to the Landlord by August 31, 2025. This balance reflects $25,900.00 in rent arrears minus $9,047.50 in rent abatements and $8,200.00 in compensation awarded to the Tenant. The Landlord is ordered to complete all fire repairs by August 31, 2025, or face a further 30% ongoing rent reduction.