Benjamin v FD Squared Inc.
Last updated: January 12, 2025
Order
Ordered by Susan Priest,Tribunals Ontario under Section 21.2, Statutory Powers Procedure Act, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Previous Order
Overturned
Dispute Categories
Subsections of RTA Quoted
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Citation: Benjamin v FD Squared Inc., 2024 ONLTB 79765
File Number: LTB-T-081455-22-RV
Timeline
Application Date
Dec 2022
Hearing Date
Sep 2024
Order Date
Nov 6, 2024
Decision
The Tenants' application is dismissed as the details of the T6 application were lacking and the application is statute barred.
Dispute
Tenants applied for an order determining that the Landlord failed to meet their maintenance obligations under the Residential Tenancies Act, 2006. The Landlord requested a review of the original order, which was granted.
Determinations
- The Landlord had not been afforded a fair opportunity to present their evidence in the original hearing.
- The original order lacked sufficient reasons for the Member's determinations regarding the Landlord's alleged failure to meet their maintenance obligations.
- The details of the T6 application were lacking and did not set out the minimum information required for either the Landlord or the Board to understand the claims being made.
- The application is statute barred as it was filed more than one year after the alleged conduct occurred.
Landlord's Arguments
Arguments
The Landlord's representative submitted that when the Tenants moved into the rental unit, in or around August 15, 2019, there was an unsafe and decaying single car garage in the backyard of which the Landlord committed to removing within a couple of months. He submitted this garage was removed in October 2019. The Landlord's representative submitted that although the Tenants may have paid a company to clear the excess debris in the area where the garage was removed, this act did not occur until April 6, 2022. He submitted the Tenants were out of time to file a claim against the Landlords pursuant to subsection 29(2) of the Act.
Tenant's Arguments
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Financial Details
Damages
$395
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