Landlord Wins Eviction Appeal: Delic v Princeton Apartments 2024
Divisional Court dismisses tenant's appeal of LTB decision to reject payment plan, finding $23362 in rent arrears
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$23,362
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Feb 2024
Order Date
Apr 23, 2024
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The tenant appealed the Landlord and Tenant Board's decision to reject his proposed payment plan to catch up on the rental arrears.
Determinations
- Tenant in arrears of rent in the amount of $23,362.46 as of March 1, 2024
- Tenant has not been current with rent since November 2022
- Tenant proposed a structured payment plan to catch up on arrears
- LTB rejected the tenant's payment plan proposal
Case Study
The court found that the appeal is without merit as it raises no question of law, and the tenant is seeking to have the court re-weigh the findings of fact made by the Landlord and Tenant Board. The court concluded that the appeal is frivolous and should be dismissed under Rule 2.1 of the Rules of Civil Procedure.
Arguments and Actions
Tenant
Arguments
Tenant argues that the LTB's rejection of his payment plan proposal is a 'substantive issue warranting careful review and consideration by this court'.
Actions
Tenant proposed a structured payment plan to catch up on rental arrears, being $1,712.18 on the first of each month, starting May 1, 2024, and $1,600 toward arrears to be paid on the 20th of each month, beginning on April 20, 2024. Tenant stated he is 'fully committed' to repaying the arrears.
Decision Summary
The appeal is dismissed. The court found that the appeal is frivolous and without merit, as it raises no question of law and is seeking to have the court re-weigh the findings of fact made by the Landlord and Tenant Board.
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
11.8%
Mutual Agreement
11.8%
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Financial Details
Rent Arrears
$23,362
Total Owing
$23,362 (Owed to Landlord)
Source
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