Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$125,000
to Landlord
Agree with the ruling?
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.
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.
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.
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.
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.
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.
Tenants accumulated significant rent arrears of almost $125,000 by the end of 2023.
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Lawful Rent
$15,000
Rent Arrears
$125,000
Ordered Amount
$125,000 (to Landlord)
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