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Case Study

LTB Order on Tenant's Claim for Damages

Damages awarded for landlord's failure to maintain property

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-07-10

Order Issued: 2023-08-28

Termination Date: Not applicable

Eviction Deadline: Not applicable

ℹ️ Case overview

Case Number: LTB-T-013701-22
Address: 903, 182 CHURCH ST E BRAMPTON ON L6V1H2
Form Used: Not applicable
Served By: Not applicable
Amount Awarded: $3,290.79
Decision In Favor: Tenant
Application Type: Tenant application for damages due to landlord's failure in maintenance
RTA Sections: Section 20

👥 Parties involved

Landlord: Kennedy @ 182 Church Ltd. care of Metcap Living Management Inc.
Landlord Rep: Marites Estolas, Michelle Forrester
Tenant: James Umberto Damiani
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: maintenance obligations, reasonable enjoyment, property damage, video evidence, credibility

⚖️ Decision summary

Tenant credible, likely that wood caused the damage.
Landlord's argument on vehicle speed and damage cause rejected.

⚠️ Dispute summary

Tenant claims damage to vehicle due to landlord's poor maintenance.
Landlord disputes cause of damage, suggesting other possible incidents.

📑 Findings & determinations

Tenant proved landlord failed to meet maintenance obligations.
Damage to vehicle caused by landlord's temporary fix.

💡 Summary points

Tenant awarded damages for landlord's failure to maintain parking garage.
Landlord's temporary fix with wood deemed unreasonable.
Tenant's vehicle damaged by unsecured wood in parking garage.
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