Divisional Court Ruling: Draxl v. Truevine 2022 - Eviction Appeal
Divisional Court allows tenant's eviction appeal to proceed with strict rent payment conditions
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Dispute resolved in
agreement
Balance Owed to Landlord
-
Dispute Categories
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Timeline
Hearing Date
Aug 2022
Order Date
Aug 10, 2022
Dispute Summary
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.
Determinations
- Appeal raises procedural fairness issue, which is a question of law
- Appeal is not manifestly devoid of merit
- Appeal was not brought solely to delay eviction
- Tenant has made partial rent payments and perfected appeal materials
- Landlord's motion to quash appeal or lift stay is dismissed with conditions
Case Study
The court found that the appeal was not manifestly devoid of merit, as it raised a procedural fairness issue which is considered a question of law. The court also determined that the appeal was not brought solely to delay eviction, as the tenant had taken steps to perfect the appeal and make partial rent payments.
Arguments and Actions
Landlord
Arguments
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.
Actions
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
Arguments
Tenant argues there are procedural fairness issues with the LTB hearing and disputes whether there was actually a settlement with the landlord.
Actions
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.
Aggravating Factors
Failure to fully comply with previous court order to pay $4,800 towards arrears
Decision Summary
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.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
56.3%
Tenant Favorable
25.0%
Mutual Agreement
18.8%
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Financial Details
Rent Arrears
$6,560
Source
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