Residents of a downtown Toronto apartment complex have secured a settlement of $1.2 million following a dispute that originated with an unused tenant swimming pool. The Federation of Metro Tenants Associations (FMTA) and others in the rental housing sector consider this settlement, which amounts to approximately $3,000 per unit, as the largest they have ever seen.
Yaroslava Avila Montenegro, the executive director of FMTA, expressed satisfaction with the residents’ ability to assert their rights, calling it a significant victory for the community. Cole Rodness, the vice president of asset management at Fitzrovia, the building’s owner, also hailed the settlement as a positive outcome for both parties, emphasizing the potential for improved collaboration between tenants and landlords moving forward.
The settlement marks the end of a five-year ordeal for the tenants, which began in March 2020 when the pool was closed due to the COVID-19 pandemic. Jennifer Kerwood, a tenant, raised concerns about the closure of the pool as a breach of her lease agreement, leading to a disagreement with the landlord at the time. Following the building’s sale to Fitzrovia, the issue persisted, with the company exploring options for pool replacement and opposing rent rebates.
Kerwood pursued her complaint through the Landlord and Tenant Board (LTB), eventually forming the Sherbourne Estates Tenants Association in response to broader discontent among residents over ongoing construction and amenities issues. The association, now comprising around 120 individuals, played a key role in negotiations that culminated in the substantial settlement.
Fitzrovia undertook building upgrades and enhancements, including a pet spa, alongside the ongoing dispute resolution process. The parties reached a settlement following discussions initiated by Fitzrovia, leading to a $3,000 rent abatement offer per apartment for the complex’s rented units. The majority of tenants have accepted the offer, with a deadline set for next June.
Elaine Page, a paralegal specializing in landlord-tenant matters, commended the unprecedented settlement as a testament to the landlords’ generosity and emphasized the importance for landlords to consider the repercussions of withdrawing amenities specified in leases.