A prolonged service interruption can seriously affect tenants. However, determining whether a landlord breached a maintenance obligation requires consideration of the full circumstances.

In Onyskiw, tenants sought a rent abatement after the elevator in a six-storey building was unavailable for a total of 96 days in one year.

The elevator had been maintained and inspected before a latent defect caused problems. The landlord undertook repairs, arranged replacement, and provided assistance to tenants. Difficulties included obtaining parts and a province-wide elevator technician strike.

The Board dismissed the application. The Court of Appeal upheld that outcome, explaining that a landlord is not automatically in breach as soon as a service interruption occurs.

The reasonableness of the landlord’s maintenance and repair efforts was relevant. The decision depended on the evidence of preventive maintenance, the response to the breakdown, and circumstances beyond the landlord’s control. It does not establish that every extended interruption is acceptable.

What this could look like in practice

Imagine a building’s heating system repeatedly failing during winter. A tenant’s chronology might record the dates, indoor temperatures, reports made, and effects on daily life.

The landlord’s records might show contractor attendance, temporary measures, parts ordered, and the proposed permanent solution.

Reviewing both sets of information would help distinguish an ignored problem from a repair actively being addressed. It would also identify unexplained gaps requiring further attention.

The takeaway

Maintenance disputes benefit from a clear timeline documenting the problem, notice, response, and impact. The existence of a defect is important, but so is the evidence showing how it arose and what was done to resolve it.

Contact JY Law to discuss your circumstances and how we may assist you.

The information above is provided for general educational purposes only and does not constitute legal advice. These summaries highlight selected principles and do not address every issue or subsequent legal development. Examples are hypothetical and do not predict outcomes. Your rights depend on the agreement, applicable law, and particular circumstances. Reading this page or contacting our firm does not, by itself, create a lawyer-client relationship. If you have further questions or require advice about your situation, please contact us.