Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Citation: De Vos v. Liverance, 2023 ONSC 4068
File Number: 236/23
Application Date
Apr 2023
Tenancy End Date
Apr 2023
Hearing Date
Jul 2023
Order Date
Jul 7, 2023
The Divisional Court quashed the tenants' appeal of the LTB decision terminating their tenancy. The court found no merit in the tenants' arguments and upheld the LTB's decision to grant possession to the landlords for use by a family member. The stay of eviction was lifted, and the Sheriff was directed to enforce the eviction order as soon as practicable.
Landlords sought to terminate tenancy to recover basement apartment for use by landlord's ailing father. Tenants appealed LTB decision granting termination. Divisional Court quashed appeal, finding no merit in tenants' arguments.
Landlords argued they had genuine intent to use the basement apartment for Ms. Liverance's ailing father, meeting the requirements for terminating tenancy for personal use.
Landlords provided evidence that Ms. Liverance's father, Doug Liverance, has been diagnosed with cancer and diabetes, and has pending treatment. Mr. Liverance provided an affidavit attesting to his intent to occupy the premises for at least a year.
Tenants raised procedural fairness issues and attempted to introduce irrelevant matters such as rent disputes, Fire Code violations, and claims of damages from participating in LTB proceedings.
Tenants claimed it would be 'better' for landlord's father to live within landlords' dwelling unit rather than basement apartment. Tenants alleged landlords intended to renovate and re-rent at higher rent.
Tenants failed to obtain transcripts of LTB proceedings for the appeal.
Tenants made numerous irrelevant arguments and personal attacks, showed inability to focus on relevant issues, and made outlandish claims about legal expenses.
Need assistance from an expert?
Lawful Rent
$1,594
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.
