Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Hearing Date
Jul 2024
Order Date
Jul 17, 2024
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.
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.
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.
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 attempted to argue that the Landlord and Tenant Board made errors in considering evidence and applying section 83 of the Residential Tenancies Act.
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.
Tenant failed to perfect her appeal within the deadline set by the court.
Tenant's continued refusal to comply with Fire Protection and Prevention Act order despite multiple opportunities and offers of assistance from the Landlord.
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