Khan v. Campbell: Divisional Court Overturns LTB Eviction Decision
Divisional Court overturns LTB decision due to legal error in interpreting eviction order voiding requirements
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
tenant
Balance Owed to Landlord
$1,240
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Jan 2018
Hearing Date
Sep 2021
Order Date
Oct 6, 2021
Dispute Summary
Tenant appealed a Landlord and Tenant Board decision that declined her request to void an eviction order. The original eviction order was issued due to non-payment of rent. The Tenant argued she had paid all necessary amounts to satisfy s. 74(11) of the Residential Tenancies Act, but the Board disagreed, citing unpaid enforcement fees. The Divisional Court found the Board made a legal error by including enforcement fees in its determination.
Determinations
- Board made a legal error by including enforcement fees in s. 74(11) determination
- Unable to determine if Tenant met s. 74(11) requirements based on available information
- Matter remitted to the Board for a new hearing
Case Study
The Divisional Court found that the Landlord and Tenant Board made a legal error by including enforcement fees under the Administration of Justice Act in its determination of whether the Tenant was entitled to relief under s. 74(11) of the Residential Tenancies Act. The court noted that payment of these fees is not among the requirements specified in s. 74(11) for setting aside an eviction order.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant had not paid all amounts necessary to satisfy s. 74(11) of the Residential Tenancies Act.
Actions
Landlord filed for enforcement of the eviction order in May 2018 and served a Notice to Vacate to the Tenant.
Tenant
Arguments
Tenant argued that she had paid all amounts necessary to satisfy s. 74(11) of the Residential Tenancies Act and void the eviction order.
Actions
Tenant failed to pay rent arrears by the termination date specified in the original eviction order. Tenant made various payments to the Landlord after the eviction order was issued.
Decision Summary
The Divisional Court granted the Tenant's appeal and remitted the matter to the Landlord and Tenant Board for a new hearing. The court found that the Board made a legal error by including enforcement fees under the Administration of Justice Act in its determination of whether the Tenant was entitled to relief under s. 74(11) of the Residential Tenancies Act.
Adjudicator Details
Superior Court of Justice
Total Orders
21
Landlord Favorable
71.4%
Tenant Favorable
28.6%
Mutual Agreement
0.0%
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Financial Details
Rent Arrears
$1,050
Application Fee
$190
Total Owing
$1,240 (Owed to Landlord)
Source
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