Hole in the Wall

Group Members:

Simran Oshan: 20558794

Aanal Patel: 20569118

Athira Jayakaran: 20574944

Angela (Zhuo Yue) Zhao: 20582800

Sarjini Sivanesan: 20569816

 

This is an image of a hole that was carved in the wall of one of our group member’s room. When she was touring the property, the room was in good condition with all the walls of the room intact. When she moved into the property, management had carved a square hole into the wall. Landlords must arrange for immediate repairs when a tenant's health or safety is affected, as cold air blew through the hole and loud noises could be heard from the pipes behind the drywall, but did not do so. The tenant’s bed is across from the the wall with the hole and doesn’t provide for peaceful slumber. According to the Landlord and Tenant Act, it is the Landlord’s duty to make repairs within a reasonable time period, however the hole had not been repaired for more than 1 month, despite constantly being in contact with the landlord in regards to the issue.

 

Assuming the tenant did get sick due to cold air blowing through the hole, negligence is a tort that can be used in court.

 

1) Does the defendant owe a duty of care to the plaintiff?

 

MyRez owes a duty of care to it’s tenants to ensure that the unit is under a habitable condition and does not put the tenant’s health and safety at risk. According to Ontario’s Landlord and Tenant Act, the landlord’s actions should not interfere with the tenant’s reasonable enjoyment of the rental unit. It has been indicated in the lease agreement that it would be the Landlord’s responsibility to make any repairs within a reasonable period of time. In addition, the tenant had indicated to the landlord of the continuous discomfort that results from the continuous burst of cold air that come from the hole and hits her face as she sleeps.

 

2) Did the defendant breach the standard of care?

 

A reasonable person would expect their room to be in good condition when moving in and if there were any damages, they would expect them to be repaired promptly.

 

3) Did the defendant’s careless act or omission cause the plaintiff’s injury?

 

The plaintiff did notify her landlord immediately about the hole as it looked like something the landlord did in order to fix something in the wall. Due to careless behaviour, the hole was not filled and was there when the plaintiff moved in which caused the plaintiff to get sick as the hole was not promptly fixed.

 

4) Are the plaintiff's injuries too remote?

 

No, the plaintiff’s injuries are not too remote. The tenant’s desk is located directly below the hole and her bed is across from the hole. Therefore, the wind from the hole constantly blows directly onto the tenant. The constant exposure to the cold air can easily cause any individual to get sick.

 

Therefore, a tort of negligence does exist.

 

Rather than going straight to the litigation process, another option for the plaintiff is to negotiate by witholding rent. This gives the plaintiff the power to negotiate and get the landlord’s attention. You must resume paying rent after the repairs have been made. You can negotiate with the landlord that you will keep all or some of the rent withheld due to the conditions you had to deal with.

 

Done