Dobrydnev v. Meekhail: Divisional Court Upholds LTB Ruling on Illegal Eviction
Divisional Court upholds LTB ruling against landlord for illegal eviction and harassment in Toronto rental dispute
Summarized by RentZenLast updated: August 16, 2024
Case Summary
2798 Weston Road, Toronto, ON
Decision in favor of
tenant
Balance Owed to Tenant
$5,100
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
May 2019
Hearing Date
Apr 2022
Order Date
May 31, 2022
Dispute Summary
Tenant filed an application with the LTB seeking rent abatement and damages for illegal eviction, lost property, and interference with reasonable enjoyment. Landlord appealed the LTB's decision to the Divisional Court, arguing he was not a landlord as defined by the RTA and that the tenant provided false information.
Determinations
- LTB correctly determined that Dobrydnev was a landlord under the RTA
- LTB's factual findings cannot be reconsidered on appeal
- New evidence submitted by landlord was inadmissible on appeal
- Landlord violated the RTA by illegally entering tenant's unit
- Landlord interfered with tenant's reasonable enjoyment of the unit
- Landlord engaged in a campaign of harassment and interference
Case Study
The Divisional Court dismissed the landlord's appeal, finding that the issues raised were not questions of law but attacks on the LTB's findings of fact. The court cannot reconsider factual findings made by the LTB. The court also rejected new evidence submitted by the landlord, as it could have been presented at the original LTB hearing.
Arguments and Actions
Landlord
Arguments
Landlord argued that he and the tenant were roommates, and therefore the RTA did not apply to their arrangement.
Actions
Landlord threatened to evict tenant, showed the unit to potential tenants in mid-April 2019, removed tenant's belongings, and locked tenant out on May 26, 2019.
Procedural Errors
Landlord attempted to submit new evidence on appeal without proper justification.
Aggravating Factors
Landlord removed tenant's belongings and locked him out of the unit. Landlord also engaged in a campaign of harassment and interference.
Tenant
Arguments
Tenant argued that the landlord violated the RTA by illegally entering the unit and interfering with reasonable enjoyment.
Actions
Tenant complained about mold and pests in the unit shortly after moving in.
Decision Summary
The Divisional Court dismissed the landlord's appeal of the LTB decision. The LTB had found that the landlord violated the RTA by illegally entering the tenant's unit, interfering with reasonable enjoyment, and engaging in harassment. The LTB's order for rent abatement of $1400, damages of $3600, and costs of $100 was upheld.
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
Lawful Rent
$700
Rent Deposit
$1,400
Damages
$3,600
Other Owed Amount
$100
costs
Total Owing
$5,100 (Owed to Tenant)
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.