Bon v. Hutchens
Last updated: August 16, 2024
Order
Decision in favor of
Landlord
Ordered Amount
$30,000
to Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Bon v. Hutchens, 2021 ONSC 2076
File Number: 013/21
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.
Decision
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.
Dispute
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
Landlord's Arguments
Arguments
The Landlord argued that the Tenant's appeal was an abuse of process, aimed at 'gaming the system' to avoid eviction.
Actions and Evidence
The Landlord served an N4 notice in September 2019 and filed an L1 application with the LTB in February 2020.
Tenant's Arguments
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 and Evidence
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.
Considerations
Tenant persistently failed to pay rent for 18 months without reasonable explanation or intention to remedy the situation.
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Financial Details
Lawful Rent
$1,629
Rent Arrears
$30,000
Ordered Amount
$30,000 (to Landlord)
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