Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$10,000
to Landlord
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Citation: 6150 Yonge GP Inc. v. Boxma, 2023 ONSC 2859
File Number: TNL-35973-21
Hearing Date
May 2023
Order Date
May 18, 2023
Tenancy End Date
Jun 2023
The Divisional Court dismissed the tenant's appeal of the LTB's eviction order. The court found no error of law in the Board's decision to extend the time for the landlord to pay compensation. The court also rejected the tenant's claim of being denied natural justice. The stay of eviction was set to expire on June 15, 2023, with the sheriff directed to expedite eviction as soon as possible after June 16, 2023. The tenant was ordered to pay $10,000 in costs to the landlord within 30 days.
Landlord sought to terminate tenancy for the purpose of demolishing the rental unit. Tenant appealed the LTB's eviction order to the Divisional Court, arguing that the Board erred by extending the time for the landlord to pay the required compensation and that she was denied natural justice.
Landlord argued that the Board's decision to extend the time for compensation payment was within its discretion and that the tenant was not denied procedural fairness.
Landlord sent the compensation cheque to the tenant on October 21, 2021, well before the December 31, 2021 termination date.
Landlord's initial compensation cheque was returned due to insufficient funds when the tenant attempted to cash it in February 2022.
Tenant argued that the Board erred by extending the time for the landlord to pay the required compensation and that she was denied natural justice in respect to the interim order.
Tenant delayed several months in attempting to cash the compensation cheque provided by the landlord.
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Other Amount
$10,000
Appeal costs payable to landlord
Ordered Amount
$10,000 (to Landlord)
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