Landlord Wins Appeal: 2212369 Ontario Inc. v. Vora, 2022 ONSC 5966
Court upholds eviction, rules landlord's pre-notice compensation payment valid under RTA
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$10,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2022
Order Date
Oct 24, 2022
Dispute Summary
The Landlord appealed a Landlord and Tenant Board order terminating the tenancy based on the property being sold and the purchaser requiring it for personal use. The main issue was whether the Landlord had properly paid the required one month's rent compensation to the Tenant under the Residential Tenancies Act.
Determinations
- Board's factual findings on compensation payment not reviewable by court
- RTA does not require compensation to be paid after termination notice
- Compensation payment before notice can satisfy RTA requirements
- No persuasive reason to interpret RTA as requiring payment after notice
- Interpreting otherwise could lead to injustice in some scenarios
Case Study
The court found that the Board's factual determinations regarding the compensation payment were not reviewable. The only legal question was whether a compensation payment made before serving the termination notice could satisfy the RTA requirements. The court ruled that the RTA does not specify the compensation must be paid after the notice, and interpreted it to allow payment before notice service.
Arguments and Actions
Landlord
Arguments
Landlord argued that the payment made before the termination notice constituted valid compensation under the RTA.
Actions
Landlord provided the Tenant with a cheque for one month's rent, which was deposited into the Tenant's bank account.
Tenant
Arguments
Tenants contended that compensation under the RTA must be paid after the termination notice is served to be valid.
Actions
Tenants argued that the compensation payment was not valid because it was made before the termination notice was served and was intended to return October's rent payment.
Decision Summary
The Divisional Court dismissed the Tenant's appeal of the Landlord and Tenant Board's decision. The court ruled that the compensation payment made by the Landlord before serving the termination notice was valid under the Residential Tenancies Act. The eviction order was upheld, with the stay lifted as of October 31, 2022. The Tenant was ordered to pay $10,000 in costs to the Landlord.
Adjudicator Details
Divisional Court
Total Orders
21
Landlord Favorable
71.4%
Tenant Favorable
28.6%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$10,000
Costs awarded to Landlord
Total Owing
$10,000 (Owed to Landlord)
Source
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