Landlord Wins Review of Undue Damage, Interference Dispute: Kanagaratnam v Kemble 2021
LTB upholds landlord's order to evict tenant in Oshawa rental dispute
Summarized by RentZenLast updated: July 26, 2024
Case Summary
92 Wolfe Street, Oshawa, ON L1H3T6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
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Timeline
Application Date
Mar 2020
Hearing Date
Mar 2021
Order Date
Apr 27, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to undue damage, substantial interference, and overcrowding. The application was resolved by order TEL-10643-20 issued on March 31, 2021.
Determinations
- Tenant did not properly raise Section 82 issues
- Landlord provided oral testimony on rent owing
- Tenant's review request was an attempt to re-argue the case
Case Study
The Tenant's request for review on the grounds that the Member failed to consider Section 82 issues and the Landlord failed to prove the rent owing was dismissed. The Tenant did not properly raise Section 82 issues, and the Landlord provided oral testimony on the rent owing that the Tenant disagreed with but did not provide documentation to support. The review request was an attempt to re-argue the case rather than demonstrate a serious error.
Decision Summary
The request to review the order issued on March 31, 2021 was denied. The order is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
357
Landlord Favorable
91.0%
Tenant Favorable
2.0%
Mutual Agreement
7.0%
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