Divisional Court Upholds LTB Decision in Fahmi v. Liu Personal Use Eviction Case: Fahmi v. Liu 2024
Divisional Court dismisses tenant's appeal of LTB personal use eviction order, finding no procedural unfairness
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jul 2024
Order Date
Jul 25, 2024
Tenancy End Date
Aug 2024
Dispute Summary
The landlord applied to terminate the tenancy so that the landlord's daughter could move into the premises. The tenant appealed the LTB's decision to grant the landlord's application, citing procedural unfairness issues.
Determinations
- No procedural unfairness in LTB hearing
- LTB's control of hearing process was reasonable
- Challenges to factual findings not within appeal scope
- Landlord's application for personal use was valid
Case Study
The court found no procedural unfairness in the LTB's handling of the case. The LTB Member's control of the hearing process, including time management and handling of language assistance, was deemed reasonable and fair. The court dismissed challenges to factual findings as outside the scope of the appeal.
Arguments and Actions
Landlord
Arguments
The landlord maintained that the application for personal use was in good faith and that the LTB hearing was conducted fairly.
Actions
The landlord stated she required the premises for her daughter, who had been accepted to the University of Toronto, to avoid a three-hour round trip commute.
Tenant
Arguments
The tenant argued that her evidence was rushed during the LTB hearing, that her prior application against the landlord should have been addressed first, and that the landlord's daughter's role in assisting with translation was procedurally unfair.
Actions
The tenant questioned the landlord's motives for the eviction and raised concerns about her medical difficulties.
Aggravating Factors
Tenant has not paid rent since April 2024 while appeal was pending.
Decision Summary
The Divisional Court dismissed the tenant's appeal of the LTB decision that granted the landlord's application to terminate the tenancy for personal use. The court found no procedural unfairness in the LTB hearing and upheld the original decision. The tenant is ordered to vacate the premises by August 9, 2024.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
56.3%
Tenant Favorable
25.0%
Mutual Agreement
18.8%
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