Abara v. Hall and Lee: Divisional Court Ruling on LTB Appeal
Divisional Court allows appeal on termination date due to procedural fairness breach, but upholds LTB's lack of jurisdiction for compensation in L3 application
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jul 2021
Hearing Date
Oct 2022
Order Date
Dec 16, 2022
Dispute Summary
The landlord appealed a decision of the Landlord and Tenant Board (LTB) that terminated the tenancy as of September 15, 2021 but did not award compensation. The landlord argued there were errors in law regarding the LTB's jurisdiction to award compensation and in determining the termination date, as well as a breach of procedural fairness.
Determinations
- LTB did not err in determining it lacked jurisdiction to grant compensation under an L3 application
- There was a breach of procedural fairness in not allowing submissions on the termination date
- No reasonable apprehension of bias was found in the LTB's conduct
- The appeal was allowed only on the determination of the termination date
Case Study
The court found no error in law regarding the LTB's jurisdiction to award compensation under an L3 application. However, the court found a breach of procedural fairness in not allowing the landlord to make submissions on the termination date. The court allowed the appeal on the termination date issue but dismissed the appeal on the LTB's jurisdiction.
Arguments and Actions
Landlord
Arguments
Landlord argued that the LTB erred in law by determining it did not have jurisdiction to grant compensation and in its determination of the date of termination of the tenancy. Landlord also argued there was a breach of procedural fairness.
Actions
Landlord responded that since it was a joint tenancy and Ms. Lee had decided to leave, the tenancy agreement would terminate in its entirety. Landlord indicated that given their initial email, the joint tenancy terminated on July 31, 2021, and a fresh lease would have to be negotiated.
Tenant
Arguments
Tenants argued that they had not consented to an assignment of the lease and that one tenant wanted to stay in the unit.
Actions
Tenants entered into a joint residential lease with the landlord dated September 1, 2019. On April 15, 2021, Ms. Lee emailed the landlord indicating she wished to provide 60 days notice to move out by July 31, 2021, and transfer her portion of the lease to a new tenant starting August 1, 2021.
Decision Summary
The Divisional Court allowed the appeal in part, setting aside the LTB's determination that the termination date was September 15, 2021. The court found a breach of procedural fairness in not allowing the landlord to make submissions on the termination date. However, the court dismissed the appeal regarding the LTB's jurisdiction to award compensation under an L3 application and found no reasonable apprehension of bias.
Adjudicator Details
Divisional Court
Total Orders
3
Landlord Favorable
0.0%
Tenant Favorable
66.7%
Mutual Agreement
33.3%
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