Chisholm v. Kwan: Divisional Court Upholds LTB Eviction Order
Divisional Court upholds LTB eviction order, dismissing tenant's ownership claims and finding no procedural unfairness
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$35,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
May 2022
Hearing Date
Sep 2022
Order Date
Sep 23, 2022
Dispute Summary
The Landlord applied to evict the Tenant for non-payment of rent. The LTB granted the eviction order, finding the Tenant had not paid rent for over two years. The Tenant appealed the LTB decision to the Divisional Court, claiming an ownership interest in the property and disputing the rent arrears.
Determinations
- LTB had jurisdiction to hear the case
- No procedural unfairness in LTB hearing
- LTB's factual findings cannot be challenged on appeal
- LTB correctly applied s. 83 of the RTA
- Appeal dismissed
Case Study
The Divisional Court found no errors of law or procedural unfairness in the LTB's decision. The court noted that challenges to factual findings cannot be raised on appeal, and the LTB was entitled to determine the applicability of the RTA to the parties. The court also found no basis to interfere with the LTB's exercise of discretion regarding relief from eviction under s. 83 of the RTA.
Arguments and Actions
Landlord
Arguments
Landlord argued that the tenancy should be terminated due to non-payment of rent.
Actions
Landlord waived the excess rent arrears above $35,000 to fit within the LTB's monetary jurisdiction.
Tenant
Arguments
Tenant argued that the relationship was governed by an Agreement of Purchase and Sale from 2019, not a landlord-tenant relationship.
Actions
Tenant claimed to have an ownership interest in the property and argued that unpaid rent was not due because of that interest. Tenant acknowledged not making any payments to the Landlord since August 2019.
Aggravating Factors
Tenant had not paid rent for over two years
Decision Summary
The Divisional Court dismissed the Tenant's appeal of the LTB eviction order. The court found no procedural unfairness or errors of law in the LTB's decision. The stay of eviction was lifted, but the Tenant was given until October 31, 2022, to vacate the premises. The Tenant was ordered to pay $2,500 in costs to the Landlord within 30 days.
Adjudicator Details
Divisional Court
Total Orders
13
Landlord Favorable
61.5%
Tenant Favorable
38.5%
Mutual Agreement
0.0%
Need assistance from an expert?
Sponsored
Financial Details
Rent Arrears
$35,000
Total Owing
$35,000 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.