Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
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Citation: El Sayed v. Ottawa Community Housing Corporation, 2019 ONSC 3703
File Number: EAL-71511-18
Hearing Date
Jun 2019
Order Date
Jun 14, 2019
The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board decision. The court found no errors of law or procedural unfairness in the Board's decision. The eviction order was upheld but delayed until July 31, 2019.
Tenant appealed a Landlord and Tenant Board decision that terminated the tenancy and ordered eviction for non-payment of rent. The main dispute was whether parking charges should be included in rent-geared-to-income (RGI) calculations.
Landlord argued that the Board was bound by a previous Divisional Court decision regarding the treatment of parking charges in rent-geared-to-income calculations.
Landlord presented evidence of rental arrears including parking charges.
Tenant claimed the Board erred in failing to address sections 4, 7(1) and (5), 8 and 123 of the Residential Tenancies Act in relation to parking charges and rent-geared-to-income calculations.
Tenant argued that parking charges should be included in rent-geared-to-income calculations and that the parking agreement was signed under duress.
Tenant attempted to raise a limitation period argument for the first time on appeal, which was not allowed.
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