Last updated: August 6, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Zarei v Afsharian, 2023 ONSC 5317
File Number: 22-1332
Application Date
Jan 2022
Hearing Date
Sep 2023
Order Date
Sep 26, 2023
The Divisional Court dismissed the landlords' appeal, finding no error in the LTB's conclusion that notice was properly given to the landlords. The court also noted that if the landlords had been present at the hearing and provided their account of events, the result would likely have been the same.
Landlords applied to terminate the tenancy for personal use of the premises, but the LTB found that this was a misuse of the process and awarded the tenants compensation. The tenants appealed the LTB's decision, arguing they did not receive notice of the original hearing.
Landlords argued they did not receive notice of the original hearing due to issues with Mr. Zarei's email account while he was travelling abroad.
Landlords claimed they wanted the premises for personal use, but the LTB found this was a misuse of the process.
Landlords misused the process to terminate the tenancy for personal use, when the real intent was to re-let the premises for a higher rent and subsequently sell the property.
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