Diarra v Lalonde

Last updated: July 22, 2024

Order

Ordered by Stephanie Kepman,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: June 30, 2022
*** Higginson, Hawkesbury, ON K6A1G8
Contested Dispute

Decision in favor of

Tenant

Dispute Categories

Notices Sent

Personal use (N12)
ContentionLow

Agree with the ruling?

Citation: Diarra v Lalonde, 2022 CanLII 138845

File Number: LTB-L-002469-21-RV

Timeline

Application Date

Jan 2021

18 months

Hearing Date

Jun 2022

10 days

Order Date

Jun 30, 2022

Decision

The landlords' request for review of the previous order was denied. The hearing Vice Chair's findings of fact were found to be rationally connected to the evidence, and no procedural errors were identified that raised issues of natural justice. The landlords' allegations of racism and lack of respect by the Board and tenant's representative were not valid grounds for review.

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Dispute

The landlords applied for an order to terminate the tenancy and evict the tenant due to the landlords' personal use of the rental unit. The landlords alleged that the hearing order contained a serious error and was based on false information from the tenant. The landlords also alleged that the hearing Vice Chair failed to properly consider their evidence and showed a lack of patience and respect for them.

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Determinations

  • Landlords' evidence not relevant to good faith issue
  • Landlords' request for review denied
  • No error of fact or procedural error found
  • Vice Chair acted within powers to manage hearing
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Landlord's Arguments

Tenant's Arguments

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