Tenant Wins Appeal: Hasselsjo v. Effort Trust, 2019 ONSC 990
Divisional Court overturns LTB eviction order, finding insufficient evidence of tenant's substantial interference with landlord's rights
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Feb 2019
Order Date
Feb 8, 2019
Dispute Summary
The Tenant appealed a Landlord and Tenant Board order terminating her tenancy due to alleged substantial interference with the Landlord's lawful rights and interests. The Divisional Court found the Board's decision unreasonable and set it aside.
Determinations
- Board's decision was not reasonable
- No evidence of current need for pest control
- No evidence Tenant would refuse future entry
- Litigation conduct not properly analyzed as substantial interference
- Board's decision fundamentally flawed and set aside
Case Study
The Court found that the Board erred in law by concluding the Tenant substantially interfered with the Landlord's rights without sufficient evidence. The Board also erred in considering the Tenant's litigation conduct as substantial interference without proper analysis.
Arguments and Actions
Landlord
Arguments
Landlord argued that Tenant's actions substantially interfered with their obligation to maintain the property in a habitable state.
Actions
Landlord attempted to enter rental unit for pest control inspections starting in late 2016.
Tenant
Arguments
Tenant argued that the Board's decision was unreasonable and not supported by evidence.
Actions
Tenant pursued confrontational actions against Landlord, including initiating Small Claims Court and Superior Court actions for damages related to pest control inspection and alleged lack of hot water.
Decision Summary
The Divisional Court allowed the Tenant's appeal and set aside the Landlord and Tenant Board's decision to terminate the tenancy. The Court found the Board's conclusion that the Tenant substantially interfered with the Landlord's rights was unreasonable and not supported by evidence.
Adjudicator Details
Divisional Court
Total Orders
12
Landlord Favorable
66.7%
Tenant Favorable
25.0%
Mutual Agreement
8.3%
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