Landlord Loses Bid to Review Order on Illegal Rent Collection - Parker v Tierney
Landlord fails to overturn order to repay ODSP funds collected after tenant's eviction in Timmins
Summarized by RentZenLast updated: July 22, 2024
Case Summary
173 Balsam Street South, Timmins, ON P4N2E1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
Feb 10, 2023
Dispute Summary
Tenant applied for an order determining that Landlord has collected or retained money illegally. The application was resolved by order LTB-T-069278-22 issued on January 5, 2023. The Landlord requested a review of the order.
Determinations
- Definition of 'rent' under the Act includes payments made on behalf of a tenant
- Hearing members acted within their statutory authority in ordering post-eviction rent received by Landlord be paid to Tenant
- Landlord continued to accept ODSP payments for 4 months after eviction
- Tenant is requesting ODSP money be paid to Tenant to reimburse ODSP
- Tenant was evicted in January 2021
Case Study
The Landlord's request to review the order is denied. The hearing members did not err in considering hearsay evidence, and the Landlord's damages claim was not properly before the Board in this application.
Decision Summary
The Landlord's request to review the order is denied. The order is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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