Divisional Court Upholds LTB Eviction Order: Anca International Holding Group Inc. v Zhao, 2024 ONSC 3397
Divisional Court upholds LTB eviction order in $125000 rent arrears case for luxury Toronto home
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Bridal Path, Toronto, ON
Decision in favor of
landlord
Balance Owed to Landlord
$125,000
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2023
Tenancy End Date
Jan 2024
Hearing Date
Jun 2024
Order Date
Jun 13, 2024
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
The tenants appealed the Landlord and Tenant Board's decision to evict them for non-payment of rent. The rented premises is a 9,200 square foot home on the Bridal Path with rent exceeding $15,000 per month. At the date of the LTB hearing in October 2023, the tenants had accumulated rent arrears of almost $70,000.
Determinations
- The denial of the adjournment request was within the tribunal member's discretion
- The tribunal member properly considered the relevant circumstances in denying the adjournment
- The tribunal member's rejection of the proposed payment plan was based on findings of fact
- The tenants failed to comply with disclosure requirements for raising s. 82 issues
- The monetary jurisdiction limit does not apply to the amount of arrears needed to void an eviction order
Case Study
The court found no extricable error of law in the LTB's decision. The denial of an adjournment request was within the tribunal member's discretion and did not deny procedural fairness. The LTB's decision to reject the tenants' proposed payment plan and not exercise discretion under s. 83 of the RTA to refuse eviction was based on findings of fact and mixed fact and law, which are not appealable under s. 210 of the RTA.
Arguments and Actions
Tenant
Arguments
Tenants argued that the denial of adjournment request denied them procedural fairness and prevented them from presenting evidence of repair expenses to offset rent arrears.
Actions
Tenants failed to pay rent for several months, accumulating significant arrears. They also failed to comply with disclosure requirements for raising s. 82 issues at the LTB hearing.
Procedural Errors
Tenants failed to disclose documents and particulars of s. 82 defences in advance of the LTB hearing as required by Rule 19.4 of the LTB's Rules of Procedure.
Aggravating Factors
Tenants accumulated significant rent arrears of almost $125,000 by the end of 2023.
Decision Summary
The Divisional Court dismissed the tenants' appeal of the LTB's decision to evict them for non-payment of rent. The court found no errors of law or denial of procedural fairness in the LTB's decision. The appeal was found to be without merit, as all complaints related to findings of fact and discretionary application of law to facts, which are not appealable under s. 210 of the RTA.
Adjudicator Details
Divisional Court
Total Orders
7
Landlord Favorable
71.4%
Tenant Favorable
14.3%
Mutual Agreement
14.3%
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Financial Details
Lawful Rent
$15,000
Rent Arrears
$125,000
Total Owing
$125,000 (Owed to Landlord)
Source
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