Divisional Court Upholds Eviction: Bonollo v. Kumuthini, 2022 ONSC 2227
Divisional Court upholds eviction order despite clerical error in naming tenants
Summarized by RentZenLast updated: August 16, 2024
Case Summary
8440 Martin Grove Road, Woodbridge, ON
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Mar 2022
Order Date
Apr 21, 2022
Dispute Summary
Tenants appealed an LTB eviction order, arguing that one tenant was not named in the order. The court dismissed the appeal, finding no merit to the claim of denied due process, and amended the LTB orders to include both tenants' names.
Determinations
- Omission of tenant's name from eviction order was likely a clerical error
- Both tenants were aware of eviction proceedings
- Named tenant acted on behalf of both tenants throughout the process
- No denial of due process occurred
- Appropriate to correct the order by adding omitted tenant's name
Case Study
The court found that the omission of one tenant's name from the eviction order was likely a clerical error and did not constitute a denial of due process. Both tenants were aware of the proceedings, and the named tenant had acted on behalf of both throughout the process. The court determined it was appropriate to correct the order by adding the omitted tenant's name.
Arguments and Actions
Landlord
Actions
Landlord applied for an eviction order against both tenants for non-payment of rent. Landlord made an ex parte application for an eviction order when agreed-upon payments were not made.
Procedural Errors
Landlord's L4 ex parte application for eviction named only one of the two tenants, which was likely a clerical error.
Tenant
Arguments
Tenants argued that one tenant was not named in the eviction order, which they claimed was a breach of natural justice.
Actions
Tenants failed to make agreed-upon rental payments as per the consent order. Tenants paid rent arrears on February 3, 2022, after the eviction order was issued.
Procedural Errors
Tenants failed to raise the issue of one tenant not being named in the eviction order until shortly before the appeal hearing.
Decision Summary
The Divisional Court dismissed the tenants' appeal of the LTB eviction order. The court found no merit in the claim that one tenant was denied due process due to their name being omitted from the eviction order. The court amended the LTB orders to include both tenants' names, effectively upholding the eviction order against both tenants.
Adjudicator Details
Divisional Court
Total Orders
13
Landlord Favorable
61.5%
Tenant Favorable
38.5%
Mutual Agreement
0.0%
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