Hazelview Property Services Inc. v. Doucette: Appeals Dismissed as Moot
Divisional Court dismisses landlord's appeals as moot due to resolved underlying tenancy disputes
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
Sep 2022
Order Date
Sep 29, 2022
Dispute Summary
Landlord appealed a Landlord and Tenant Board decision that dismissed their L2 applications for termination due to persistent late payment of rent. The tenants had stopped paying rent on April 1, 2020. The landlord served N4 and N8 notices in July and August 2021 respectively. The Board dismissed the L2 applications as invalid. The appeals were dismissed as moot since the underlying L1 applications had been resolved through Board orders and settlements.
Determinations
- Appeals dismissed as moot
- No live controversy between parties
- Underlying L1 applications resolved
- Re-litigation would be abuse of process
- Legal issues can be addressed in future cases
Case Study
The court dismissed the appeals as moot because there was no longer a live controversy between the parties. The L1 applications had been resolved through Board orders and settlements after the initial Board decision. Allowing the appeals to continue would require re-litigating resolved issues and would be an abuse of process. The court declined to exercise discretion to hear the moot appeals, citing judicial economy and the likelihood that the legal issues could be addressed in future cases with live factual contexts.
Arguments and Actions
Landlord
Arguments
Landlord argued for continuation of appeals to obtain possible non-voidable termination order or prompt payment order.
Actions
Landlord served N4 notices on July 19, 2021, and N8 notices on August 19, 2021. Landlord opposed tenants' request to hear L1 and L2 applications together.
Tenant
Arguments
Tenants requested dismissal of L2 applications as abuse of process or adjournment to hear L1 and L2 applications together.
Actions
Tenants stopped paying rent on or about April 1, 2020.
Decision Summary
The Divisional Court dismissed the landlord's appeals of a Landlord and Tenant Board decision as moot. The underlying L1 applications for non-payment of rent had been resolved through Board orders and settlements after the initial Board decision. The court found no live controversy between the parties and determined that allowing the appeals to continue would require re-litigating resolved issues, which would be an abuse of process.
Adjudicator Details
Divisional Court
Total Orders
21
Landlord Favorable
71.4%
Tenant Favorable
28.6%
Mutual Agreement
0.0%
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