Tenant Granted Extension to Appeal Eviction Order in Rathnayaka v. 650 Parliament Residences: Rathnayaka v. 650 Parliament Residences 2024
Tenant granted extension to appeal eviction order, alleges proceedings were retaliation for class action lawsuit
Summarized by RentZenLast updated: August 6, 2024
Case Summary
650 Parliament Residences, Toronto, ON
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Aug 2023
Order Date
Feb 8, 2024
Dispute Summary
The tenant brought a motion to extend the time to file an appeal from an order of eviction made by the Landlord and Tenant Board on August 30, 2023. The tenant alleged that he and other tenants were required to live elsewhere after their building was damaged by an electrical fire in 2018, and that a class action lawsuit has been brought against the landlord. The tenant also described his financial struggles as a student and part-time ride sharing driver during this period.
Determinations
- Tenant missed his hearing and did not participate due to misunderstanding the time of the hearing
- Tenant sought a review, but his request was denied, leading to the order of the Board
- Tenant has brought his rent into good standing and is able to make rent payments
- Tenant's alleged grounds of appeal are unlikely to amount to an error in law, but are not completely devoid of merit
Case Study
The court found that while the alleged grounds of appeal are unlikely to amount to an error in law, they are not so completely devoid of merit that the appeal should be quashed. The court granted the motion for an extension of time, and ordered the tenant to serve and file a Notice of Appeal within 15 days and to continue paying rent as a term of maintaining the stay.
Arguments and Actions
Tenant
Arguments
Tenant alleges that the proceedings before the Board were brought for an oblique motive, as reprisal for his participation in the class action lawsuit.
Actions
Tenant alleges that he and other tenants were required to live elsewhere after their building was damaged by an electrical fire in 2018, and that a class action lawsuit has been brought against the landlord. Tenant describes his financial struggles as a student and part-time ride sharing driver during this period.
Procedural Errors
Tenant missed his hearing and did not participate due to misunderstanding the time of the hearing.
Decision Summary
The court granted the tenant's motion for an extension of time to file an appeal from the eviction order. The tenant is required to serve and file a Notice of Appeal within 15 days and to continue paying rent as a term of maintaining the stay. The parties are to confer on a schedule for the exchange of materials on the appeal.
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
11.8%
Mutual Agreement
11.8%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.