Divisional Court Quashes Tenant Appeal: 1799113 Ontario Ltd. v. Szijjarto
Divisional Court quashes tenant's appeal of LTB consent order, condemning 'gaming the system'
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Unit ****, 607 Kingston Road, Toronto, ON M4E1R3
Decision in favor of
landlord
Balance Owed to Landlord
$1,200
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jun 2017
Hearing Date
Jul 2017
Tenancy End Date
Aug 2017
Order Date
Sep 22, 2017
We estimate Application Date using rent arrears.
Dispute Summary
Landlord filed for eviction due to non-payment of rent, persistent late payments, and interference with others. Tenant and Landlord reached a consent agreement at the LTB hearing, but Tenant later appealed the consent order. Landlord moved to quash the appeal.
Determinations
- Tenant was not denied natural justice or procedural fairness
- No question of law was disclosed in the appeal
- Tenant consented to the LTB order
- Appeal was manifestly devoid of merit
Case Study
The court found that the tenant's appeal was without merit as she had consented to the LTB order and was not denied natural justice. The court emphasized that consenting to an order and then seeking to be relieved of that consent should not be tolerated.
Arguments and Actions
Landlord
Arguments
Landlord argued that the appeal was frivolous, vexatious, an abuse of process, and did not disclose an error of law.
Actions
Landlord served N4, N8, and N5 notices. Landlord filed LTB application for eviction.
Tenant
Arguments
Tenant claimed denial of natural justice and procedural fairness, and error in law in LTB orders.
Actions
Tenant consented to LTB order, then sought review and appealed. Tenant abandoned appeal only after landlord's motion to quash.
Procedural Errors
Tenant did not seek leave to appeal a consent order.
Aggravating Factors
The tenant consented to an LTB order, then sought review, appealed, obtained a stay, and only abandoned the appeal after the landlord brought a motion to quash. The court described this as 'gaming the system'.
Decision Summary
The Divisional Court dismissed the tenant's appeal of the LTB consent order, lifted the stay of the LTB order, and ordered the tenant to pay costs of $6,560.95 to the landlord. The court declared that the tenant had vacated the unit and allowed the landlord to change locks and dispose of any remaining personal property.
Adjudicator Details
Divisional Court
Total Orders
12
Landlord Favorable
66.7%
Tenant Favorable
25.0%
Mutual Agreement
8.3%
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Financial Details
Lawful Rent
$1,200
Rent Arrears
$1,200
Other Owed Amount
$39
Compensation per day if tenant failed to vacate by August 1, 2017
Total Owing
$1,200 (Owed to Landlord)
Source
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