Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
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Application Date
Feb 2023
Hearing Date
Feb 2024
Order Date
Feb 28, 2024
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.
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.
Landlord argued for dismissal of the appeal due to tenant's repeated delays and failure to comply with court directions.
Tenant argued that his appeal should be adjourned until his Human Rights Tribunal application was determined, claiming human rights have 'primacy'.
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.
Tenant failed to raise human rights issues before the Landlord and Tenant Board when he had the opportunity to do so.
Tenant repeatedly failed to comply with court directions and schedules, made unmeritorious attempts to delay proceedings.
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