Landlord Wins Appeal: Aghazarian v. Cena, 2017 ONSC 3990
Divisional Court overturns LTB order due to lack of proper notice to landlord, highlighting importance of procedural fairness
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$7,000
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Nov 2015
Hearing Date
Jun 2017
Order Date
Jun 30, 2017
Dispute Summary
Tenant filed a T2 application claiming the Landlord illegally entered the rental unit, substantially interfered with reasonable enjoyment, and harassed the Tenant. The Landlord appealed two LTB orders, arguing she was not given proper notice of the hearing and was denied natural justice.
Determinations
- Landlord was denied procedural fairness
- LTB erred in not inquiring about service to absent Landlord
- LTB exceeded jurisdiction in making orders about Tenant's dog
- LTB erred in awarding damages beyond amount claimed by Tenant
Case Study
The Divisional Court found that the Landlord was denied procedural fairness as she was not given proper notice of the LTB hearing. The LTB erred in conducting the hearing without inquiring about service to the absent Landlord. The court also ruled that the LTB exceeded its jurisdiction in making orders related to the return of the Tenant's dog, as such matters are outside the scope of the Residential Tenancies Act.
Arguments and Actions
Landlord
Arguments
Landlord argued she was denied procedural fairness and natural justice due to lack of proper notice for LTB hearing.
Actions
Landlord appealed LTB orders, arguing she was not given proper notice of hearing and was denied natural justice.
Tenant
Arguments
Tenant argued Landlord illegally entered unit, substantially interfered with enjoyment, and harassed Tenant.
Actions
Tenant filed T2 application claiming Landlord illegally entered unit, substantially interfered with enjoyment, and harassed Tenant. Tenant provided incorrect address for Landlord to LTB.
Procedural Errors
Tenant provided incorrect address for Landlord to LTB, despite having correct address
Aggravating Factors
Tenant provided incorrect address for Landlord to LTB, despite having correct address
Decision Summary
The Divisional Court allowed the Landlord's appeal and set aside the LTB order dated December 15, 2015. The court found that the Landlord was denied procedural fairness as she was not given proper notice of the LTB hearing. Additionally, the court ruled that the LTB exceeded its jurisdiction in making orders related to the return of the Tenant's dog. The Tenant was ordered to pay $7,000 in appeal costs to the Landlord.
Adjudicator Details
Divisional Court
Total Orders
12
Landlord Favorable
66.7%
Tenant Favorable
25.0%
Mutual Agreement
8.3%
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Financial Details
Other Owed Amount
$7,000
Appeal costs awarded to Landlord
Total Owing
$7,000 (Owed to Landlord)
Source
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