Serson v Lawrence
Last updated: July 22, 2024
Order
Ordered by Khalid Akram,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: Serson v Lawrence, 2022 ONLTB 6511
File Number: LTB-L-017176-22-RV
Timeline
Order Date
Sep 21, 2022
Decision
The Landlord's request to review the original order dismissing their application for eviction is denied. The original order remains unchanged. The dismissal was based on the Landlord's failure to provide the required compensation directly to the Tenant as mandated by the Residential Tenancies Act.
Dispute
Landlord applied to terminate tenancy and evict Tenant due to substantial interference and personal use. The original application was dismissed because the Landlord failed to pay one month's rent compensation to the Tenant as required by law. Landlord requested a review of the dismissal order.
Determinations
- Compensation was not paid to Tenant as required by RTA
- Landlord sent rent back to ODSP, not to Tenant
- No evidence that ODSP sent payment to Tenant
- No serious error in the original order or proceedings
- Original dismissal of application was reasonable and supported by evidence
- Tenant accesses Ontario Disability Support Program (ODSP)
Landlord's Arguments
Arguments
Landlord requested a review of the original order, arguing that sending the payment to ODSP should satisfy the compensation requirement.
Actions and Evidence
Landlord sent the rent back to ODSP on August 16, 2022, instead of paying compensation directly to the Tenant.
Procedural Errors
Landlord failed to pay the required compensation directly to the Tenant, instead sending it to ODSP.
Tenant's Arguments
Actions and Evidence
Tenant accesses the Ontario Disability Support Program (ODSP).
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