Divisional Court Dismisses Tenant's Appeal: Brown v. Toronto Community Housing Corporation
Divisional Court dismisses tenant's appeal of LTB eviction order, granting 90-day stay before enforcement
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Feb 2023
Hearing Date
Feb 2024
Order Date
Feb 28, 2024
Dispute Summary
Tenant appealed a Landlord and Tenant Board decision ordering his eviction. The appeal was dismissed due to the tenant's repeated failure to comply with court directions and schedules, as well as lack of merit in the grounds for appeal.
Determinations
- Tenant failed to perfect appeal despite multiple extensions
- No merit found in grounds for appeal
- No procedural fairness issues identified in LTB hearings
- Tenant's human rights application not a valid reason for adjournment
- No reasonable prospect of tenant retaining legal counsel
Case Study
The court found no arguable error of law in the tenant's grounds for appeal. The tenant's claims about procedural fairness were not supported by the evidence. The court dismissed the appeal both for delay and failure to comply with court directions.
Arguments and Actions
Landlord
Arguments
Landlord argued for dismissal of the appeal due to tenant's repeated delays and failure to comply with court directions.
Tenant
Arguments
Tenant argued that his appeal should be adjourned until his Human Rights Tribunal application was determined, claiming human rights have 'primacy'.
Actions
Tenant flooded the unit on multiple occasions and had a history of screaming, shouting, and being aggressive and abusive toward other tenants and the landlord's staff.
Procedural Errors
Tenant failed to raise human rights issues before the Landlord and Tenant Board when he had the opportunity to do so.
Aggravating Factors
Tenant repeatedly failed to comply with court directions and schedules, made unmeritorious attempts to delay proceedings.
Decision Summary
The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's eviction order. The court found no merit in the grounds for appeal and noted the tenant's repeated failure to comply with court directions. The eviction order was stayed for 90 days from the date of this decision to allow the tenant time to find new housing.
Adjudicator Details
Divisional Court
Total Orders
8
Landlord Favorable
75.0%
Tenant Favorable
25.0%
Mutual Agreement
0.0%
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