Divisional Court Upholds LTB Eviction Order: Jones v. Morris, 2023 ONSC 5763
Divisional Court upholds LTB eviction order, dismissing tenant's appeal due to non-compliance with consent order
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$1,500
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Oct 2023
Order Date
Oct 17, 2023
Dispute Summary
Tenant appealed an LTB decision that denied a motion to set aside an eviction order. The eviction order was issued because the tenant failed to meet the conditions specified in a prior LTB consent order, specifically failing to make required financial payments.
Determinations
- Appeal is limited to questions of law under the Residential Tenancies Act, 2006
- No error of law found in LTB decision
- LTB made factual findings based on evidence presented
- Tenant failed to show compliance with LTB consent order
- Consent order allowed eviction without notice if tenant failed to make a payment
Case Study
The court found no error of law in the LTB's decision. The LTB had made factual findings based on evidence presented at the hearing, which cannot be challenged in this appeal. The LTB found that the tenant had not shown compliance with the consent order, which provided for eviction without notice if the tenant failed to make a payment.
Arguments and Actions
Landlord
Actions
Landlord explained that often, when he went to the unit, no one answered the door.
Tenant
Arguments
Tenant argued that under the tenancy agreement, he attempted to pay rent but Landlord refused to accept it.
Actions
Tenant testified about attempting to hand five cheques to Landlord in July 2021, which Landlord did not accept. Tenant sent one payment to the LTB on August 11, 2021. Tenant claimed to have funds to make payments but would only do so if tenancy was preserved.
Procedural Errors
Tenant failed to comply with court schedules for filing appeal materials multiple times.
Aggravating Factors
Tenant repeatedly failed to comply with court schedules for filing appeal materials.
Decision Summary
The Divisional Court dismissed the tenant's appeal of the LTB decision. The court found no error of law in the LTB's decision, which was based on factual findings that the tenant had not complied with a previous consent order. The eviction order was upheld, with enforcement allowed from November 15, 2023. The tenant was ordered to pay $1,500 in court costs to the landlord within 30 days.
Adjudicator Details
Superior Court of Justice - Ontario Divisional Court
Total Orders
16
Landlord Favorable
56.3%
Tenant Favorable
25.0%
Mutual Agreement
18.8%
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Financial Details
Other Owed Amount
$1,500
Court costs awarded to landlord
Total Owing
$1,500 (Owed to Landlord)
Source
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