Eviction Upheld: Hasselsjo v Dernetro Holdings Ltd. 2024 ONSC 4010
Divisional Court upholds eviction of senior tenant for persistent fire safety violations, dismissing appeal and lifting stay
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Unit ****, 123 Charlton Avenue East, Hamilton, ON L8N3W3
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jul 2024
Order Date
Jul 17, 2024
Dispute Summary
The Landlord sought to evict the Tenant due to substantial interference with the lawful right and interest of the Landlord by having an excessive accumulation of items in the apartment, posing a fire and life safety risk. The Tenant had failed to comply with a Fire Protection and Prevention Act order to remove combustible materials and maintain clear pathways in the apartment.
Determinations
- Tenant's appeal does not raise questions of law
- LTB correctly considered s.83 of Residential Tenancies Act
- FPPA Order was conclusive evidence of fire safety non-compliance
- Tenant failed to comply with FPPA Order despite extensions
- Tenant's continued non-compliance poses safety risk to other residents and first responders
Case Study
The Divisional Court found that the Tenant's appeal did not raise any questions of law, which is required for an appeal from a Landlord and Tenant Board decision. The court determined that the Tenant's grounds for appeal were either questions of fact or mixed fact and law, which are not proper grounds for appeal to the Divisional Court.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant's appeal did not raise questions of law and should be dismissed. Landlord also sought to lift the stay on the eviction order due to ongoing safety concerns.
Actions
Landlord offered to assist the Tenant in complying with the Fire Protection and Prevention Act order, including arranging and paying for refuse disposal and off-site storage.
Tenant
Arguments
Tenant attempted to argue that the Landlord and Tenant Board made errors in considering evidence and applying section 83 of the Residential Tenancies Act.
Actions
Tenant has refused to remove combustible materials from the apartment as required by the Fire Protection and Prevention Act order. Tenant maintains that the apartment presents no fire hazard, contrary to the findings of fire inspectors.
Procedural Errors
Tenant failed to perfect her appeal within the deadline set by the court.
Aggravating Factors
Tenant's continued refusal to comply with Fire Protection and Prevention Act order despite multiple opportunities and offers of assistance from the Landlord.
Decision Summary
The Divisional Court quashed and dismissed the Tenant's appeal of the Landlord and Tenant Board eviction order. The court also lifted the stay on the eviction order, allowing it to be enforced on or after August 30, 2024. The Tenant was ordered to pay $10,000 in costs to the Landlord within 90 days.
Adjudicator Details
Divisional Court
Total Orders
1
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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