Tobar v Wilstar Management Ltd.

Tenant wins · Toronto · 2025-06-10

Adjudicator

Nancy Morris

Dispute

Maintenance, Substantial Interference

Amount

<$5K

Landlord

Wilstar Management Ltd.

Tenant

V.T., A.H.

Landlord rep

R. Gibson, J. McReynolds

Tenant rep

K. Laforest

What happened

Tenants filed a T6 application for maintenance issues after their vehicle was damaged during extensive parking garage repairs. An initial order dismissed their application. The Tenants successfully requested a review, leading to a de novo hearing. The core issues were vehicle damage from alleged falling concrete and a tire punctured by a construction jackpost. The Tenants argued the Landlord failed to ensure their safety, provide adequate notice, or offer alternative parking, constituting substantial interference.

The ruling

The Tenants' review was successful, and the original dismissal of their application was cancelled. The Board found the Landlord created unsafe conditions and substantially interfered with the Tenants' enjoyment during major parking garage repairs. The Landlord was found to be careless and failed to provide adequate notice or minimize risks. The Landlord is ordered to pay the Tenants $1,451.98, comprising a 20% rent abatement for three months, reimbursement for a damaged tire, and the application filing fee. The Tenants' claim for vehicle body damage was denied due to insufficient evidence.