Tenant's Stay Motion Denied in 146 Osgoode Street Holdings v. Unknown 2023: 146 Osgoode Street Holdings v. Unknown 2023
Tenant's motion to stay eviction denied after 30 months of unpaid rent, appeal quashed
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Unit ****, 170 Osgoode Street, Ottawa, ON
Decision in favor of
landlord
Balance Owed to Landlord
$13,386
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Apr 2021
Hearing Date
Mar 2023
Order Date
Apr 6, 2023
We estimate Application Date using rent arrears.
Dispute Summary
The landlord initially filed an application to terminate the tenancy for major repairs. This was resolved by consent, with the tenant moving to a new unit. The landlord then filed for eviction due to non-payment of rent. The tenant appealed the LTB's eviction order, which was automatically stayed. The landlord moved to quash the appeal, which was granted by the motion judge. The tenant then sought a stay of the motion judge's order lifting the stay of eviction.
Determinations
- Tenant failed to raise a question of law in her appeal
- LTB's refusal to grant an adjournment does not raise a question of law
- Evidence supported LTB's finding of rent arrears
- Tenant's allegations of poor maintenance were not raised before LTB and cannot be considered on appeal
- No evidence of bias or procedural unfairness in motion judge's hearing
Case Study
The court found no merit to the tenant's request for review of the motion judge's order. The tenant failed to raise a question of law in her appeal of the LTB decision, which is required for an appeal to the Divisional Court. The court also found no evidence of bias or procedural unfairness in the motion judge's hearing.
Arguments and Actions
Landlord
Arguments
Landlord argued that the tenant's appeal should be quashed as it did not raise a question of law and was an abuse of process.
Actions
Landlord provided evidence to the LTB that the tenant had failed to pay rent from September 2020 to May 31, 2022.
Tenant
Arguments
Tenant argued that the LTB erred by refusing her request for an adjournment, that there was an error in the amount of rent arrears claimed, and that the LTB Member was biased.
Actions
Tenant failed to pay rent from September 2020 onwards. Tenant did not contest the landlord's calculation of rent arrears at the LTB hearing.
Procedural Errors
Tenant failed to comply with LTB's Rules of Practice regarding notice for seeking rent abatement.
Aggravating Factors
Tenant has not paid rent for approximately 30 months
Decision Summary
The court dismissed the tenant's motion for a stay pending review of the motion judge's order. The court found no merit to the proposed review, no irreparable harm to the tenant if evicted, and that the balance of convenience favored the landlord. The landlord may now seek enforcement of the LTB's eviction order.
Adjudicator Details
Superior Court of Justice
Total Orders
2
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$550
Rent Arrears
$13,386
Total Owing
$13,386 (Owed to Landlord)
Source
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