Tenant's Appeal Dismissed as Abuse of Process: Bon v. Hutchens, 2021 ONSC 2076
Tenant's appeal of eviction order dismissed as abuse of process after 18 months of unpaid rent
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$30,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Oct 2019
Hearing Date
Mar 2021
Order Date
Mar 22, 2021
Tenancy End Date
Mar 2021
We estimate Application Date using rent arrears.
Dispute Summary
The Tenant appealed an LTB eviction order for non-payment of rent. The Landlord brought a motion to dismiss the appeal as an abuse of process. The Tenant had not paid rent since September 2019, owing over $30,000 by the time of the motion. The Divisional Court dismissed the appeal as an abuse of process, finding the Tenant was 'gaming the system' by appealing solely to obtain an automatic stay of eviction.
Determinations
- Appeal is an abuse of process
- Tenant failed to pay rent for 18 months without justification
- Tenant refused opportunities to pay arrears or raise issues at LTB
- Appeal has little merit on procedural fairness grounds
- Tenant was 'gaming the system' to avoid eviction
Case Study
The court found that appealing an LTB eviction order solely to obtain an automatic stay, without intention to pay rent arrears, constitutes an abuse of process. Key factors were the Tenant's persistent failure to pay rent for 18 months without reasonable explanation and refusal of opportunities to remedy the situation.
Arguments and Actions
Landlord
Arguments
The Landlord argued that the Tenant's appeal was an abuse of process, aimed at 'gaming the system' to avoid eviction.
Actions
The Landlord served an N4 notice in September 2019 and filed an L1 application with the LTB in February 2020.
Tenant
Arguments
The Tenant argued that the LTB erred in not granting an adjournment, not allowing her to raise issues about the tenancy, and failing to dismiss the application due to an incorrect rent amount on the N4 notice.
Actions
The Tenant stopped paying rent in September 2019 and owed over $30,000 by the time of the motion. The Tenant refused opportunities to pay arrears or have her issues heard at the LTB.
Procedural Errors
The Tenant failed to serve documents supporting her claims against the Landlord within required timelines at the LTB hearing.
Aggravating Factors
Tenant persistently failed to pay rent for 18 months without reasonable explanation or intention to remedy the situation.
Decision Summary
The Divisional Court dismissed the Tenant's appeal of the LTB eviction order as an abuse of process. The court lifted the automatic stay of eviction, ordered the Tenant to vacate by March 31, 2021, and allowed the Sheriff to enforce eviction from April 1, 2021. The Tenant was also ordered to pay $7,500 in costs to the Landlord within 30 days.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
87.5%
Tenant Favorable
0.0%
Mutual Agreement
12.5%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,629
Rent Arrears
$30,000
Total Owing
$30,000 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.