Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$89,773
to Landlord
Agree with the ruling?
Citation: Ji Zhou et al. v. Azadeh Hashem Nia et al., 2023 ONSC 5466
File Number: CV-23-00701790-0000
Application Date (Estimate)
May 2022
Hearing Date
Aug 2023
Order Date
Sep 28, 2023
Tenancy End Date
Sep 2023
We estimate Application Date using rent arrears.
The court ordered the Tenants to pay $89,773 in rent arrears from April 15, 2022 to August 14, 2023, plus $5,689 per month or $189.63 per day as occupation rent thereafter until vacancy. The lease was terminated, and a writ of possession was granted. Tenants were also ordered to pay the Landlord's legal costs.
Landlord filed for payment of rent arrears totaling $89,773 and eviction of Tenants who had failed to pay rent since April 15, 2022, but remained in the rental premises. The case was initially brought to the LTB but was withdrawn and filed in Superior Court due to the amount exceeding LTB's jurisdiction.
Landlord argued this was an appropriate case for summary judgment as there was no issue requiring a trial.
Landlord initially filed with LTB, then withdrew application and filed in Superior Court when arrears exceeded LTB jurisdiction.
Tenants argued that the Landlord waived rights to pursue amounts beyond LTB jurisdiction, that the matter was res judicata, and that the Landlord's actions constituted abuse of process and forum shopping.
Tenants failed to pay rent since April 15, 2022, but remained in the rental premises. They attempted to delay proceedings by arguing technicalities and offering partial payment.
Continued to occupy the premises without paying rent for an extended period
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Lawful Rent
$5,689
Rent Arrears
$89,773
Ordered Amount
$89,773 (to Landlord)
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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