Divisional Court Upholds Eviction of Elderly Tenant with Disability in Toronto: Cheng v. Toronto Community Housing Corporation 2024
Divisional Court dismisses appeal of elderly tenant's eviction order in Toronto rental dispute
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Sep 2023
Application Date
Apr 2024
Hearing Date
Jul 2024
Order Date
Jul 29, 2024
Dispute Summary
Tenant was evicted from her rental unit for violating a prior order of the Landlord and Tenant Board requiring her to maintain the cleanliness of the rented premises. The tenant moved to set aside the eviction order but was unsuccessful. The tenant is seeking to appeal the decision, but the court is limited to hearing questions of law and finds that the tenant's concerns are primarily about the weighing of factors by the Presiding Board Member, which does not present a question of law for appeal.
Determinations
- Tenant violated prior order to maintain cleanliness of rental unit
- Tenant's motion to set aside eviction order was unsuccessful
- Tenant did not exercise diligence in appealing the decision
- Tenant has not presented an issue of law for appeal
Case Study
The court finds that the tenant's concerns are primarily about the weighing of factors by the Presiding Board Member, which does not present a question of law for appeal. The court cannot hear appeals based on questions of fact or mixed fact and law, unless there is an extricable question of law presented.
Arguments and Actions
Tenant
Arguments
Tenant argued that the landlord's failure to maintain the refrigerator caused her to store unrefrigerated food, and that this should be considered in determining the fairness of the eviction order.
Actions
Tenant stored perishable food in her bathtub and on her balcony due to a refrigerator issue, which the landlord addressed in a timely manner.
Procedural Errors
Tenant did not exercise diligence in appealing the decision within the 30-day time limit.
Decision Summary
The motion to extend the time for appeal is dismissed. The court finds that the tenant has not presented an issue of law for appeal, and that the tenant did not exercise diligence in appealing the decision.
Adjudicator Details
LTB Member
Total Orders
7
Landlord Favorable
71.4%
Tenant Favorable
14.3%
Mutual Agreement
14.3%
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