LandlordEzy
Case Study

LTB Order - Unlawful Lock Change and Tenancy Interference

Candace Matinet vs Thunder Bay District Social Services Administration Board

🕑 Case timeline

Application Date: January 14, 2022

Hearing Date: March 9, 2023

Order Issued: March 29, 2023

Termination Date: March 23, 2021

Eviction Deadline: Not specified

ℹ️ Case overview

Case Number: LTB-T-002665-22
Address: 609, 120 CUMBERLAND ST S, THUNDER BAY ON P7B5R7
Form Used: Letter dated March 23, 2021
Served By: Landlord
Amount Awarded: Not specified
Decision In Favor: Not specified
Application Type: Application for Determination of Unlawful Lock Change and Substantial Interference
RTA Sections: Section 19 - Frustration of Contract, Section 29(1) - Application for an order determining unlawful act

👥 Parties involved

Landlord: Thunder Bay District Social Services Administration Board
Landlord Rep: Betty McConkey-Kennelly
Tenant: Candace Matinet
Tenant Rep: Molly MacDonald
Adjudicator: Not specified
Keywords: lock change, substantial interference, reasonable enjoyment, unlawful termination

⚖️ Decision summary

Board reviewed evidence of lock change and tenancy termination.
Consideration of whether contract frustration applies is pending.

⚠️ Dispute summary

Tenant filed a T2 application claiming unlawful lock change and substantial interference.
Landlord responded claiming the tenancy contract was frustrated due to an unforeseeable fire.

📑 Findings & determinations

All allegations considered timely as they occurred less than one year before the application.
Fire was an unforeseeable event not the fault of either party, potentially justifying contract frustration.

💡 Summary points

Tenant alleges locks were changed without replacement keys provided.
Landlord claims tenancy was terminated due to contract frustration after a fire.
Tenant barred from community housing due to a deductible charged for fire damages.
📄 View Official PDF

Share this case

🧑‍⚖️ Same adjudicator

Not specified