Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$200
to Landlord
Agree with the ruling?
Hearing Date
Jun 2024
Order Date
Jun 4, 2024
The Divisional Court dismissed the tenant's appeal of the LTB decision. The court found no legal errors in the LTB's ruling and determined that the LTB had properly considered the tenant's arguments. The tenant was ordered to pay $200 in costs to the landlord.
Tenant appealed LTB decision dismissing her application for relief against the landlord. Tenant alleged landlord breached RTA by refusing to reimburse NSF cheque charge, returning pre-paid rent amounts, and failing to address excessive noise from neighboring units.
Landlord argued that it had not breached the RTA and that its actions regarding rent payments and deductions were lawful.
Landlord investigated noise complaints and concluded there was no excessive noise. Landlord returned pre-paid rent amounts to tenant and deducted filing fees from tenant's account.
Tenant argued that the landlord breached the RTA by refusing to reimburse NSF cheque charge, returning pre-paid rent amounts, and failing to address excessive noise from neighboring units.
Tenant made numerous noise complaints against neighboring units, which the LTB found to be unfounded. Tenant also disputed landlord's authority to deduct filing fees and NSF charges from her account.
Tenant attempted to introduce new issues and evidence on appeal, which is not permitted.
Making multiple unfounded and 'irrational' noise complaints against other tenants
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Application Fee
$186
Other Amount
$200
Costs awarded to landlord
Ordered Amount
$200 (to Landlord)
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