Today's decision in Eskritt v. MacKay, 2008 ONCA 611 deals with an argument that damages caused to a rental property as a result of a disability on the part of a tenant are not recoverable. The Court summarily rejected that argument saying:
[2] The appellants submit that the trial judge erred in awarding the respondents amounts on account of damage occasioned as a result of Mr. McKay's disability. We reject this submission. The trial judge made a finding of fact that the damage caused to the respondents' premises went beyond reasonable wear and tear. This finding was available on the evidence.
[3] The Human Rights Code does not obviate a disabled person's responsibility to pay for damage to a landlord's premises extending beyond reasonable wear and tear. The appellants have produced no authority to that effect and, in our view, that is not the intent of the Human Rights Code. In any event, m
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
No comments:
Post a Comment