Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$35,000
to Landlord
Agree with the ruling?
Citation: Chisholm v. Kwan, 2022 ONSC 5331
File Number: DC-22-00001308-0000
Tenancy End Date
May 2022
Hearing Date
Sep 2022
Order Date
Sep 23, 2022
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.
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.
Landlord argued that the tenancy should be terminated due to non-payment of rent.
Landlord waived the excess rent arrears above $35,000 to fit within the LTB's monetary jurisdiction.
Tenant argued that the relationship was governed by an Agreement of Purchase and Sale from 2019, not a landlord-tenant relationship.
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.
Tenant had not paid rent for over two years
Need assistance from an expert?
Rent Arrears
$35,000
Ordered Amount
$35,000 (to Landlord)
Click to switch between order outcomes
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.
Landlord wins LTB case against Mississauga tenants for non-payment of rent, tenancy terminated and tenants ordered to pay over $13,000.
Toronto tenant faces eviction for non-payment of $5,436 in rent arrears.
