Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$1,500
to Landlord
Agree with the ruling?
Citation: Jones v. Morris, 2023 ONSC 5763
File Number: 913/21
Hearing Date
Oct 2023
Order Date
Oct 17, 2023
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.
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.
Landlord explained that often, when he went to the unit, no one answered the door.
Tenant argued that under the tenancy agreement, he attempted to pay rent but Landlord refused to accept it.
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.
Tenant failed to comply with court schedules for filing appeal materials multiple times.
Tenant repeatedly failed to comply with court schedules for filing appeal materials.
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Other Amount
$1,500
Court costs awarded to landlord
Ordered Amount
$1,500 (to Landlord)
Click to switch between order outcomes
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