Last updated: August 16, 2024
Decision in favor of
Landlord
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Citation: Chan v. Tralen Investments Ltd., 2023 ONSC 4345
File Number: 448/22
Hearing Date
Jul 2023
Order Date
Jul 27, 2023
Tenancy End Date
Sep 2023
The Divisional Court dismissed the tenants' appeal of the Landlord and Tenant Board's decision to terminate the tenancy for conversion to non-residential use. The court found no errors of law in the Board's decision and lifted the stay on the eviction order, effective September 30, 2023.
Landlord served tenants with a Notice of Termination to convert the main floor unit to non-residential use (retail store). Tenants appealed the Landlord and Tenant Board's decision to terminate the tenancy to the Divisional Court.
Landlord argued that the Board's decision was correct and supported by evidence.
Landlord obtained a zoning certificate for a mixed-use building and provided evidence that a minor variance for a wheelchair ramp was not necessary for conversion.
Tenants argued that the Board erred in denying their adjournment request, finding that the landlord required possession, and declining to grant discretionary relief from eviction.
Tenants have lived in the unit for 20 years. They sought an adjournment due to mental health difficulties and work commitments.
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Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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