LTB Order CET-90077-19 – Ramirez & Cabrera v. Chagpar | Tenant Applications Dismissed

All tenant applications (T2 and T6) dismissed in their entirety.
No rent abatement, damages, or other remedies awarded to the tenants.
The Board found the tenants did not establish any of the allegations on a balance of probabilities.

Tenants filed T6 and T2 applications alleging the Landlord failed to maintain adequate heat, harassed them, substantially interfered with their reasonable enjoyment, and withheld a vital service.
The heat incident occurred on October 20, 2019; tenants notified the Landlord at 12:55 p.m. and heat was restored around midnight according to tenants, or by 9 p.m. according to the Landlord.
The Landlord sent an email on October 21, 2019 threatening to contact the Children's Aid Society, accusing the tenants of intentionally exposing their children to cold temperatures as a negotiating tactic.

The Landlord's temperature charts showed the unit remained above 20°C throughout the period in question, contradicting the tenants' claim of 9°C; the Board preferred the objective evidence over the tenants' subjective testimony.
The tenants raised additional incidents of inadequate heat without specifying dates or times; these were not considered as the Landlord had not been given sufficient notice or particulars.
The Landlord's email threatening to contact Peel Children's Aid was found to be 'idle' and 'unneighbourly' but did not constitute harassment or substantial interference, as the Landlord never followed through and citizens are permitted to contact public authorities.
The tenants failed to meet the 51% threshold required under the balance of probabilities standard for all claims made in both the T6 and T2 applications.
All applications were dismissed; no monetary award or order was made against the Landlord.

Tenants claimed the heat was off on October 20, 2019, reaching 9°C, but the Landlord produced temperature charts showing readings above the statutory minimum of 20°C.
The Landlord sent a threatening email suggesting he would report tenants to Peel Children's Aid Society, causing significant anxiety to the tenants as newcomers to Canada.
The Board dismissed all applications, finding the tenants failed to meet the balance of probabilities standard on both the maintenance and harassment claims.