Ottawa tenant wins landmark ruling on bedbug therapies

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Ottawa tenant wins landmark ruling on bedbug therapies

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“If you have bed bugs or any other problem, you can’t just keep doing the same thing. In order to meet your obligations, you must actually address the root cause of the problem.”

Publication date:

10/09/2022 • October 12, 2022 • 4 minutes read • 8 comments A decision by the Landlord and Tenant Board ordered Hazelview (formerly Timbercreek Properties) to pay this former tenant $2,515 in expenses to cover hotel bills when they had to leave the home, pesticide treatments, their daughter's medical treatment, relocation - and legal costs. A decision by the Landlord and Tenant Board ordered Hazelview (formerly Timbercreek Properties) to pay this former tenant $2,515 in expenses to cover hotel bills when they had to leave the home, pesticide treatments, their daughter’s medical treatment, relocation – and legal costs. Photo by ERROL MCGIHON /mail media

The owner of a Heron Gate high-rise was slapped on the knuckles by Ontario’s Landlord and Tenant Board and ordered to pay a former tenant’s bills for failing to properly respond to the tenant’s complaints of a bed bug infestation.

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The verdict against Timbercreek Communities (now known as Hazelview) came in August 2020 but has only recently completed an appeal. In their ruling, the judges say it’s not good enough for a landlord to simply continue spraying pesticides as the “cheapest” insect control option. If spray does not help, more effective action must be taken.

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The ruling sets a precedent that will help renters across the province who are dealing with bed bugs, attorney Daniel Tucker-Simmons said.

“There has never been a decision as clear as this that compels the landlord to step up their efforts,” said Tucker-Simmons, whose client and family stayed on the 13th floor of the Cedarwood Promenade residential tower from July through November 2019.

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“It will set a precedent for other landlords to follow. You can’t just do the same for bed bugs or any other problem. In order to meet your obligations, you must actually address the root cause of the problem.”

Unlike court decisions, Landlord Tenant Board decisions are not legally binding, although judges look to previous decisions for guidance, Tucker-Simmons said.

“It’s persuasive, it’s not binding. But the board tries to be consistent in its decisions. And this is a very important decision for tenants that I would expect to be followed in other cases.”

It’s a win for the renter, although he and his family have long since moved on, frustrated by the experience and concerned about the impact on their five-year-old daughter.

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“It’s a win for others,” said the man, who asked not to be identified to protect his family’s privacy.

The family had just arrived in Canada from Morocco when they moved in on July 1, 2019. With no references or credit check, the family had no other choice of accommodation and had to pay a year’s rent in advance for the apartment. At first they had no idea what was causing the painful, itchy bites. It was a doctor at CHEO who said bed bugs were to blame for the couple’s daughter’s welts.

“She was afraid to go to sleep at night because she knew she would get stitches,” the man said. “Every night it would be repeated. We couldn’t protect her. If you’re a parent and you can’t protect your daughter, she won’t trust you. It was a terrible time.”

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The family complained and the landlord sprayed the apartment seven times between August and November 2019. Each time, the bed bugs returned within days.

The man spoke to neighbors on his floor and floors above and below, and they all complained about bed bugs. Despite this, the landlord did not spray any of the neighboring units. The company’s attorney argued with the Landlord and Tenant Board that it was only a “low level” infestation. The judges didn’t buy it.

“There is no acceptable level of bed bug infestations that can continue indefinitely while the landlord pursues only the cheapest treatment available and does nothing to prevent the spread of bed bugs to and from other units,” the ruling reads.

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“It’s also just logical: if one method or approach doesn’t work, it’s time to try another method.

“In this case, the landlord was aware of various other treatment options, but at no time did he take more serious steps to rectify the problem. Landlord neglect is a recipe for recurring and ongoing bed bug problems.”

“I don’t want other people to have the same experience as we did, so that other children have to go through it,” says the former tenant. “That was the main reason I kept going.” Photo by ERROL MCGIHON /mail media

The company appealed the jury’s decision, and it wasn’t until April 2022 — 2 1/2 years after the original appeal — that the board upheld the original August 2020 decision decision had been made.

In its decision, the board ordered the company to pay the tenant $2,515 in expenses to cover hotel bills from the time he had to leave the apartment, pesticide treatments, his daughter’s medical treatment, relocation and legal expenses cover up. The renter has still not been paid, although the company said in an email Friday afternoon that the payment would be processed and delivered this month.

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In a statement to this newspaper, the company said: “Hazelview properties takes pest control in all buildings extremely sseriously and acts diligent to solve pest problems” and it employs experienced and licensed professionals.

“We will continue to do so and are confident that their expertise is the most reliable to solve potential problems safely and efficiently.”

The family moved into a new home in November 2019 and although they haven’t been renters in Timbercreek/Hazelview for years, the renter said the fight was worth it. His daughter forgot the experience, he said.

“When your daughter cries, you become a bed bug expert,” he says, now able to laugh at the experience.

“I don’t want other people to have the same experience as we did, so that other kids have to go through it too. That was the main reason I kept going.”

Clarification: While the Landlord Tenant Board strives for consistency in its decision, decisions do not set precedent.

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