Case Study

Damage to property application · Niagara Falls · LTB-L-005300-23

Ontario LTB order in Niagara Falls · October 20, 2023 · Dismissed

🕑 Case timeline

Application Date: Not Available

Hearing Date: September 14, 2023

Order Issued: October 20, 2023

Termination Date: Not Available

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-005300-23
Address: 4, 8974 willoughby drive niagara falls on l2g7y4
Amount Awarded: $17,610.22
Decision In Favor: Tenant
Application Type: Damage to property application
RTA Sections: Section 87, Section 88.1, Section 88.2, Section 89

👥 Parties involved

Landlord: bilal khan
Landlord Rep: Self Represented
Tenant: gabrielle josianne smith , kyle allan gallant
Tenant Rep: Self Represented
Adjudicator: Greg Brocanier
Keywords: damage to property, interference with reasonable enjoyment, rent deposit

⚖️ Decision summary

This Landlord application — Damage to property application — was dismissed.

📑 Findings & determinations

It is ordered that: 1. The Former Tenant shall pay to the Landlord $14,234.44, which represents rent and compensation owing up to June 15, 2022 minus the last month's rent deposit minus the interest. 2. The Former Tenant shall pay to the Landlord $867.00, which represents the reasonable out-of-pocket expenses the Landlord incurred as a result of the substantial interference. 3. The Former Tenant shall pay to the Landlord $2,307.78, which represents the reasonable out-of-pocket expenses the Landlord incurred as a result of the unpaid utility costs. 4. The Landlord’s claim for damage in the amount of $1,500.00 is dismissed. File Number: LTB-L-005300-23 Order Page 5 of 5 5. The Former Tenant shall pay to the Landlord $201.00 for the cost of filing the application. 6. The total amount the Former Tenant owes the Landlord is $17,610.22. 7. If the Former Tenant does not pay the Landlord the full amount owing on or before October 31, 2023, the Former Tenant will start to owe interest. This will be simple interest calculated from November 1, 2023 at 7.00% annually on the balance outstanding. October 20, 2023 ____________________________ Date Issued Greg Brocanier Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6

💡 Summary points

applied for an order requiring Gabriella Smith and Kyle Gallant (the 'Former Tenant') to pay the Landlord's reasonable out-of-pocket costs that are the result of the Former Tenant's failure to pay utility costs they were required to pay under the terms of the tenancy agreement. Bilal Khan (the 'Landlord') applied for an order requiring Gabriella Smith and Kyle Gallant (the 'Former Tenant') to pay the Landlord's reasonable out-of-pocket costs that the Landlord incurred or will incur to repair or replace undue damage to property. The damage was caused wilfully or negligently by the Former Tenant, another occupant of the rental unit or someone the Former Tenant permitted in the residential complex. This application was heard by videoconference on September 14, 2023.
📄 View Official PDF

Share this case

🧑‍⚖️ Same adjudicator

Greg Brocanier

📂 Related by application type

Damage to property application