Akilah v. Starlight: Divisional Court Upholds LTB Decision on Noise Complaints
Divisional Court dismisses tenant's appeal, upholding LTB decision on noise complaints and rent payment issues
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$200
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jun 2024
Order Date
Jun 4, 2024
Dispute Summary
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.
Determinations
- LTB did not make a mistake in law
- LTB showed it understood tenant's arguments
- LTB's findings on noise complaints were reasonable
- Landlord's deduction of filing fee was lawful
- Tenant was responsible for cancelling post-dated cheques
- New issues and evidence cannot be considered on appeal
Case Study
The court found no legal errors in the LTB's decision. The LTB had properly considered the tenant's arguments but disagreed with her position. The court emphasized that an appeal is limited to questions of law and is not an opportunity for a re-hearing or to argue for a different conclusion.
Arguments and Actions
Landlord
Arguments
Landlord argued that it had not breached the RTA and that its actions regarding rent payments and deductions were lawful.
Actions
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
Arguments
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.
Actions
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.
Procedural Errors
Tenant attempted to introduce new issues and evidence on appeal, which is not permitted.
Aggravating Factors
Making multiple unfounded and 'irrational' noise complaints against other tenants
Decision Summary
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.
Adjudicator Details
Divisional Court
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
11.8%
Mutual Agreement
11.8%
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Financial Details
Application Fee
$186
Other Owed Amount
$200
Costs awarded to landlord
Total Owing
$200 (Owed to Landlord)
Source
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