Divisional Court Quashes Tenant Appeal: Devenne v. Sedun, 2020 ONSC 6141
Divisional Court quashes tenant's appeal of eviction order, citing lack of legal grounds and abuse of process through non-payment of rent
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$12,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Feb 2019
Tenancy End Date
Dec 2019
Hearing Date
Oct 2020
Order Date
Oct 8, 2020
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
The Landlord applied to terminate the tenancy due to persistent late payment of rent. The Tenant appealed the Landlord and Tenant Board's decision to terminate the tenancy. The Landlord moved to quash the Tenant's appeal to the Divisional Court.
Determinations
- Tenant's appeal raises no issues of law
- Tenant's failure to pay rent during appeal is abuse of process
- Board's treatment of s. 83 complaint does not raise a question of law
- Board's dismissal of Tenant's application due to unpaid costs was appropriate
Case Study
The court found that the Tenant's appeal raised no issues of law, only questions of fact or mixed fact and law. The court also found that the Tenant's failure to pay rent for 11 months while appealing was an abuse of process.
Arguments and Actions
Landlord
Arguments
The Landlord argued that the Tenant's appeal should be quashed as it raises no issues of law and is an abuse of process.
Actions
The Landlord served the Tenant with a notice to terminate her tenancy for persistent late payment of rent and applied to the Board for an eviction order.
Tenant
Arguments
The Tenant argued that the Board's dismissal of her application due to unpaid costs was improper and that her s. 83 arguments were not given appropriate consideration.
Actions
The Tenant stopped paying rent as of December 1, 2019 and has not paid any rent since March 2019, accumulating arrears of at least $12,000.
Procedural Errors
The Tenant failed to pay outstanding costs to the Board as ordered, resulting in the dismissal of her application.
Aggravating Factors
Tenant failed to pay rent for 11 months while appealing the eviction order
Decision Summary
The Divisional Court quashed the Tenant's appeal of the Landlord and Tenant Board's decision terminating the tenancy. The court found the appeal raised no issues of law and was an abuse of process due to the Tenant's failure to pay rent during the appeal period.
Adjudicator Details
Divisional Court
Total Orders
5
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,200
Rent Arrears
$12,000
Total Owing
$12,000 (Owed to Landlord)
Source
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