Bayside Rowing Club Inc. v. Navhar Properties Inc.: Appeal Dismissal Upheld
Tenant's appeal dismissal upheld due to deliberate delay tactics and $60000 rent arrears
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$60,000
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jun 2016
Order Date
Jul 5, 2016
Dispute Summary
Tenants appealed a Landlord and Tenant Board Review Order that required them to vacate the rental premises and pay $25,000 in rental arrears. The appeal was dismissed by the Registrar for delay, and Tenants moved to set aside the Registrar's decision. The court dismissed the Tenants' motion, finding their explanation for the delay lacked credibility and that they were deliberately delaying to take advantage of the automatic stay of eviction.
Determinations
- Tenants' explanation for delay in filing transcript was not credible
- Tenants were deliberately delaying the appeal to take advantage of automatic stay
- Landlord suffered prejudice due to mounting rental arrears
- Tenants' argument that lease was commercial lacked merit
- Premises were clearly residential, giving LTB jurisdiction
Case Study
The court considered factors for setting aside the Registrar's order, including explanation for delay, inadvertence, promptness in bringing the motion, and prejudice to the Respondent. The court found the Tenants' explanation unreasonable and lacking credibility, given their familiarity with legal proceedings. The court also noted the prejudice to the Landlord due to mounting rental arrears and inability to enforce eviction. The Tenants' argument that the lease was commercial and outside LTB jurisdiction was found to lack merit.
Arguments and Actions
Landlord
Arguments
Landlord argued that the premises were clearly residential, giving the Landlord and Tenant Board jurisdiction over the dispute.
Actions
Landlord sought eviction and payment of rental arrears through the Landlord and Tenant Board process, which actually provided more protections to the Tenants than a commercial lease would have.
Tenant
Arguments
Tenants argued that the lease was a commercial lease and therefore outside the jurisdiction of the Landlord and Tenant Board.
Actions
Tenants failed to file the required transcript for the appeal, claiming they misunderstood the requirement and ordered audio recordings instead. Even by the hearing date, Tenants had not ordered the transcript.
Procedural Errors
Tenants failed to file the required transcript for their appeal, leading to dismissal of the appeal by the Registrar.
Aggravating Factors
Tenants deliberately delayed the appeal process to continue residing in the rental unit without paying rent, resulting in over $60,000 in rental arrears.
Decision Summary
The court dismissed the Tenants' motion to set aside the Registrar's order that had dismissed their appeal for delay. The court found that the Tenants' explanation for the delay lacked credibility and that they were deliberately delaying to take advantage of the automatic stay of eviction. The court also noted the significant prejudice to the Landlord due to mounting rental arrears exceeding $60,000.
Adjudicator Details
Superior Court of Justice - Ontario
Total Orders
7
Landlord Favorable
85.7%
Tenant Favorable
14.3%
Mutual Agreement
0.0%
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Financial Details
Rent Arrears
$60,000
Total Owing
$60,000 (Owed to Landlord)
Source
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