Capreit Limited Partners v. Graff: Tenant Appeal Dismissed in Persistent Late Rent Case
Divisional Court upholds LTB eviction order for tenant's persistent late rent payments
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Jul 2016
Hearing Date
Apr 2018
Order Date
Apr 16, 2018
Dispute Summary
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.
Determinations
- The Board's factual findings on late rent payments were not appealable
- Section 82 of the RTA did not apply as the Notice of Termination was under s. 58, not s. 59
- The Board properly considered s. 83 in postponing the eviction order
- There was no denial of natural justice or fettering of discretion by the Board
- The tenant's fresh evidence motion was dismissed as it did not meet the legal test
Case Study
The court found no errors of law in the Board's decision. The Board's findings of fact regarding late rent payments were not subject to appeal. The Board correctly applied the relevant sections of the Residential Tenancies Act and provided procedural fairness to the tenant.
Arguments and Actions
Landlord
Arguments
Landlord argued tenant was persistently late in paying rent from April 2015 to June 2016.
Actions
Landlord provided statement of account showing tenant's rent payment history from April 2015 to June 2016.
Tenant
Arguments
Tenant argued the Board erred by not accepting her testimony about the landlord's conduct under s. 82 of the RTA.
Actions
Tenant claimed she paid rent on time each month except April 2016, and was paying extra towards arrears accumulated in summer 2015 when unemployed.
Procedural Errors
Tenant did not produce banking records at LTB hearing to support her claims of timely payments.
Aggravating Factors
Persistent late payment of rent since April 2015
Decision Summary
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.
Adjudicator Details
Divisional Court
Total Orders
6
Landlord Favorable
66.7%
Tenant Favorable
33.3%
Mutual Agreement
0.0%
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