Landlord Wins Review Order: Dupont/Lansdowne Holdings Inc. v Kotai 2023
LTB denies tenant's request to review order terminating tenancy for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
212 Dupont St, Toronto, ON M6H4J7
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2022
Hearing Date
Feb 2023
Order Date
Dec 1, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenants due to non-payment of rent. The application was resolved by an order issued on August 28, 2023. The tenant later requested a review of the order, stating that she did not fully understand the terms due to a language barrier.
Determinations
- Tenant asserted she did not fully understand terms due to language barrier
- Hearing recording and application record do not show serious error
- Tenant spoke with Tenant Duty Counsel and agreed to consent order
- Landlord's representative ensured tenant understood terms
- Presiding member reviewed terms and asked tenant to repeat understanding
- Tenant was reasonably able to participate and no serious error in order
Case Study
The tenant's request for review was denied. The record showed that the tenant had the assistance of Tenant Duty Counsel and agreed to the consent order after private consultation with the landlord's representative. The presiding member also carefully reviewed the terms of the consent and ensured the tenant understood them. The tenant was reasonably able to participate at the hearing and the order did not contain a serious error.
Arguments and Actions
Landlord
Arguments
Landlord's representative opposed the review request, stating the tenant spoke with Tenant Duty Counsel and the presiding member ensured the tenant understood the terms.
Tenant
Actions
Tenant asserted she did not fully understand the terms agreed upon due to a language barrier.
Decision Summary
The tenant's request to review the order issued on August 28, 2023 was denied. The order is confirmed and remains unchanged. The interim order issued on September 26, 2023 is cancelled and the stay of the August 28, 2023 order is lifted. The landlord's L4 application is dismissed as withdrawn.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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