Divisional Court Quashes Tenant Appeal in Byfield v. Gill, 2021 ONSC 4008: Byfield v. Gill 2021
Divisional Court quashes tenant appeal of LTB eviction order, citing lack of legal grounds and abuse of process
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Aug 2019
Hearing Date
Apr 2021
Order Date
Jun 2, 2021
Dispute Summary
The Landlord brought an application to the LTB for termination of tenancy due to unpaid rent. The LTB ordered the Tenants to pay $6,927.00 by July 19, 2021, failing which the tenancy would be terminated. The Tenants appealed this decision to the Divisional Court. The Landlord brought a motion to quash the appeal and lift the stay on eviction.
Determinations
- Appeal does not raise a question of law
- Appeal is an abuse of process
- Tenants have persistently failed to pay rent
- Tenants have not taken steps to perfect appeal in almost two years
Case Study
The court found that the appeal should be quashed and the stay lifted because: 1) The appeal does not raise a question of law, which is required for appeals from LTB decisions. 2) The appeal is an abuse of process, as the Tenants appear to have filed it solely to obtain an automatic stay of eviction without intention to pursue the appeal on its merits. The Tenants' persistent non-payment of rent and failure to take steps to perfect the appeal for almost two years support this conclusion.
Arguments and Actions
Landlord
Arguments
Landlord argued that the appeal does not raise a question of law, is an abuse of process, and should be dismissed for delay.
Actions
Landlord brought a motion to quash the appeal and lift the stay on eviction.
Tenant
Arguments
Tenants argued that the amount of arrears was miscalculated and that they should not be required to pay all outstanding rent and utilities because the Landlord failed to provide sufficient heat to the rental unit.
Actions
Tenants have persistently failed to pay rent, with arrears exceeding $16,000 by December 2020. They have made some payments since then, but significant arrears are still owing.
Procedural Errors
Tenants failed to state any grounds of appeal in their Notice of Appeal and did not take any steps to perfect their appeal for almost two years.
Aggravating Factors
Persistent non-payment of rent, failure to take steps to perfect appeal for almost two years
Decision Summary
The Divisional Court quashed the Tenants' appeal of the LTB order terminating their tenancy for non-payment of rent. The court found that the appeal did not raise a question of law and was an abuse of process. The stay of eviction was lifted, with the Sheriff directed to enforce the eviction, but not before June 30, 2021.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
87.5%
Tenant Favorable
0.0%
Mutual Agreement
12.5%
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Financial Details
Lawful Rent
$1,750
Rent Arrears
$16,000
Other Owed Amount
$3,000
unpaid utilities
Source
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