Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
$1,605
to Tenant
Agree with the ruling?
Citation: Hu v Lee, 2016 CanLII 78566 (ON SCSM)
File Number: 1106/15 & 1106D1/15
Tenancy End Date
Apr 2015
Hearing Date
Sep 2016
Order Date
Nov 14, 2016
The court ruled in favor of the tenant, awarding $1,605.13 for the wrongfully deposited cheque and agreed-upon floor repair costs. The landlord's counterclaim for damages was dismissed due to lack of evidence.
The tenant sued the landlord for wrongfully depositing a post-dated cheque and for half the cost of floor repairs. The landlord countersued for damages allegedly caused by the tenant's dogs, loss of rent, and loss of property value.
Landlord argued that the deposit of the cheque was a mistake. Landlord claimed damages for loss of property value, repairs, and lost rent.
Landlord deposited a post-dated cheque for $1,250 on May 4, 2015, after the tenancy ended. Landlord claimed extensive damages to the unit caused by the tenant's dogs.
Landlord wrongfully deposited a post-dated cheque after the tenancy ended.
Tenant argued that the landlord wrongfully deposited a post-dated cheque and that there was an oral agreement to split the cost of floor repairs.
Tenant vacated the unit on April 30, 2015. Tenant replaced the living room flooring on the last day of tenancy.
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Other Amount
$1,605
Wrongfully deposited cheque and floor repair costs
Ordered Amount
$1,605 (to Tenant)
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