Tenant's Appeal Dismissed: Draxl v. Truevine Investments Ltd. 2023
Tenant's appeal of LTB eviction order dismissed by Divisional Court for failing to raise a question of law
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$2,500
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Feb 2023
Order Date
Mar 27, 2023
Dispute Summary
Tenant appealed a Landlord and Tenant Board order denying her request to review a previous order. The appeal was dismissed by the Divisional Court as it did not raise a question of law, which is required for appeals of LTB decisions.
Determinations
- Appeal dismissed as it did not raise a question of law
- Stay of eviction order lifted
- Tenant participated fully in LTB hearings
- No procedural fairness issues as Tenant did not request accommodations or adjournments
Case Study
The court determined that the grounds for appeal raised by Tenant were either not responsive to the record or challenged the Board's discretion and findings of fact. Appeals of LTB decisions to the Divisional Court are only permitted on questions of law, not fact or mixed fact and law.
Arguments and Actions
Landlord
Arguments
Landlord argued that the appeal should be dismissed as it did not raise a question of law.
Actions
Landlord defended against the Tenant's appeal in the Divisional Court.
Tenant
Arguments
Tenant attempted to challenge the Board's exercise of discretion and findings of fact, which are not grounds for appeal to the Divisional Court.
Actions
Tenant appealed the LTB's Review Order to the Divisional Court.
Procedural Errors
Tenant failed to raise a question of law in her appeal, which is required for appeals of LTB decisions to the Divisional Court.
Decision Summary
The Divisional Court dismissed the Tenant's appeal of the Landlord and Tenant Board's Review Order. The court found that the appeal did not raise a question of law, which is required for appeals of LTB decisions. The stay of the eviction order was lifted, and the Tenant was ordered to pay $2,500 in costs to the Landlord for the appeal.
Adjudicator Details
Divisional Court
Total Orders
1
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$2,500
Appeal costs
Total Owing
$2,500 (Owed to Landlord)
Source
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