Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Fiorelli v. Walton Holdings Inc., 2020 ONSC 5537
File Number: 39/19
Hearing Date
Sep 2020
Order Date
Sep 16, 2020
The Divisional Court allowed the tenant's motion to set aside the administrative dismissal of his appeal of the LTB's eviction order. The court found the tenant had an arguable case that the LTB erred in law when applying the test for substantial interference. The landlord's motion for security for costs was dismissed.
Tenant appealed LTB decision terminating tenancy due to substantial interference with other tenants' enjoyment and landlord's right of entry. Tenant installed video cameras in common areas without consent and refused landlord entry to unit.
Landlord argues that the appeal is frivolous and vexatious, seeking security for costs.
Landlord requested removal of cameras and served notice of entry to inspect the rental unit regarding the exterior camera.
Tenant argues that the LTB erred in law by concluding his actions substantially interfered with other tenants' enjoyment and landlord's rights without properly applying the legal test for substantial interference.
Tenant installed a video camera above his unit door to monitor the common hallway and another on the exterior of the building directed at the parking lot, both without landlord consent. Tenant refused to remove cameras or allow landlord entry to inspect.
Tenant failed to perfect appeal within prescribed time, leading to administrative dismissal.
Installed video cameras in common areas without consent, refused landlord entry to unit
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