Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
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Citation: Capreit Limited Partners v. Graff, 2018 ONSC 2470
File Number: TSL-73361-16
Tenancy End Date
Jul 2016
Hearing Date
Apr 2018
Order Date
Apr 16, 2018
The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's order terminating her tenancy for persistent late payment of rent. The court found no errors of law in the Board's decision and no denial of procedural fairness.
The landlord applied to terminate the tenancy due to persistent late payment of rent. The Landlord and Tenant Board granted the termination order. The tenant appealed to the Divisional Court on questions of law.
Landlord argued tenant was persistently late in paying rent from April 2015 to June 2016.
Landlord provided statement of account showing tenant's rent payment history from April 2015 to June 2016.
Tenant argued the Board erred by not accepting her testimony about the landlord's conduct under s. 82 of the RTA.
Tenant claimed she paid rent on time each month except April 2016, and was paying extra towards arrears accumulated in summer 2015 when unemployed.
Tenant did not produce banking records at LTB hearing to support her claims of timely payments.
Persistent late payment of rent since April 2015
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