CITATION: 1147335 Ontario Inc. v. Eden, 2022 ONSC 2373 DIVISIONAL COURT FILE NO.: 708/21 LANDLORD AND TENANT BOARD
FILE NO.: TNL-27783-20
DATE: 20220428
ONTARIO SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Backhouse, Lederer and Davies JJ.
BETWEEN:
1147335 ONTARIO INC., o/a WESTON
Leroy A. Bleta, for the Appellant (Landlord)
PROPERTY MANAGEMENT
Appellant (Landlord)
– and –
Melissa Keogh, for the Respondent (Tenant)
TANNIKA EDEN
Respondent (Tenant)
HEARD at Toronto (by videoconference):
April 19, 2022
Lederer J.
The appellant, Weston Property Management commenced proceedings to evict Tannika Eden and requiring that she pay the costs of the damage resulting from the fire. A hearing was conducted by the Landlord and Tenant Board on May 7, 2021. The Landlord and Tenant Board dismissed the Landlord’s application both as to eviction and as to damages.
Weston Property Management commenced this appeal pursuant to the Residential Tenancy Act s. 210. The section limits any appeal to a question of law.
The Board determined that Tannika Eden did not cause the fire. The cause was the lit cigarette butt discarded from somewhere else in the residential complex. As a result, Tannika Eden was not liable for the damage that had been caused by the fire. In making this finding the Landlord and Tenant Board was aware that the couch was combustible, that the tenants had been warned of the risk associated with tossed cigarette butts and that this had caused fires in the past. The conclusion that the fire was caused by a thrown cigarette butt is a finding of fact and not subject to appeal.
The Landlord and Tenant Board considered the absence of insurance. It accepted that this was contrary to the rental agreement and constituted a substantial interference with the reasonable
Page: 2
enjoyment or lawful right, privilege or interest of the landlord. The Board took note that there was no evidence that any insurance purchased by the tenant would have covered the damage caused by the fire. The terminology used by the standard form of lease refers to “liability insurance”. This could well be directed to liability for personal injury. The Landlord and Tenant Board applied section 83 of the Residential Tenancies Act and granted Tannika Eden relief from eviction. There is no reason for this court to interfere with that determination.
Accordingly, the appeal is dismissed.
As agreed by the parties, no costs.
I agree I agree
Backhouse J.
Davies J.
Date of Release: April 28, 2022
CITATION: 1147335 Ontario Inc. v. Eden, 2022 ONSC 2373 DIVISIONAL COURT FILE NO.: 708/21 LANDLORD AND TENANT BOARD
FILE NO.: TNL-27783-20
DATE: 20220428
ONTARIO
SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Backhouse, Lederer and Davies JJ.
BETWEEN:
1147335 ONTARIO INC., o/a WESTON PROPERTY MANAGEMENT
Appellant (Landlord)
– and – TANNIKA EDEN
Respondent (Tenant)
REASONS FOR JUDGMENT
Lederer J.
Date of Release: April 28, 2022