Last updated: August 16, 2024
Dispute resolved in
Agreement
Ordered Amount
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to Landlord
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Citation: Draxl v. Truevine, 2022 ONSC 4646
File Number: 318/22
Hearing Date
Aug 2022
Order Date
Aug 10, 2022
The court dismissed the landlord's motion to quash the appeal or lift the stay of eviction. However, the court imposed conditions on the tenant to pay monthly rent and $700 per month towards arrears, starting September 1, 2022. If the tenant fails to comply, the landlord may bring a motion to set aside the stay of eviction.
Tenant appealed an LTB eviction order to the Divisional Court. The landlord brought a motion to quash the appeal or lift the automatic stay of eviction. The court dismissed the landlord's motion but imposed conditions on the tenant to pay rent and arrears.
Landlord argues the appeal is devoid of merit and an abuse of process, as it does not raise a question of law and was brought solely to delay eviction.
Landlord brought motion to quash appeal or lift stay of eviction. Landlord has also filed a separate LTB application for eviction based on non-payment of rent.
Tenant argues there are procedural fairness issues with the LTB hearing and disputes whether there was actually a settlement with the landlord.
Tenant has made some rental payments and completed appeal materials, but has not fully complied with previous court order to pay $4,800 towards arrears.
Failure to fully comply with previous court order to pay $4,800 towards arrears
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Rent Arrears
$6,560
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