Koda Holdings v. D'Costa: Divisional Court Upholds LTB Eviction Order
Divisional Court upholds LTB decision to evict unauthorized occupant, dismissing appeal on grounds of procedural fairness and legal interpretation
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$2,720
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Aug 2021
Hearing Date
Mar 2022
Order Date
Apr 4, 2022
Dispute Summary
The Landlord filed an A2 Application with the Landlord and Tenant Board to terminate the tenancy of former tenants and evict Mr. D'Costa, who was found to be an unauthorized occupant. The Board's decision was appealed to the Divisional Court by Mr. D'Costa.
Determinations
- Mr. D'Costa was not denied procedural fairness
- The Board did not err in denying accommodation request
- The Board's findings on transfer of occupancy were not appealable
- The lease termination was valid
- The Board correctly interpreted sections 100 and 101 of the RTA
Case Study
The court found no errors of law or lack of procedural fairness in the Board's decision. The appeal was dismissed.
Arguments and Actions
Landlord
Arguments
The Landlord argued that the lease and termination agreement were valid, and that the Board's interpretation of the RTA was correct.
Actions
The Landlord filed an A2 Application with the Board alleging that the former tenants had transferred occupancy to Mr. D'Costa without consent.
Tenant
Arguments
Mr. D'Costa argued that he was denied procedural fairness, was improperly denied accommodation under the Human Rights Code, and that the Board made errors of law in its decision.
Actions
Mr. D'Costa repeatedly interrupted the Member, refused to follow directions to stop speaking, and stated 'That doesn't matter. It's going to get appealed, sir.' when warned about potential costs.
Aggravating Factors
Tenant was uncooperative and disruptive during the Board hearing, leading to his removal from the proceedings.
Decision Summary
The Divisional Court dismissed Mr. D'Costa's appeal of the Landlord and Tenant Board's decision. The court found no errors of law or lack of procedural fairness in the Board's decision to terminate the tenancy of former tenants and evict Mr. D'Costa as an unauthorized occupant. The stay of the Board's order was vacated, allowing for immediate enforcement.
Adjudicator Details
Divisional Court
Total Orders
2
Landlord Favorable
50.0%
Tenant Favorable
50.0%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$2,720
Costs awarded to Landlord
Total Owing
$2,720 (Owed to Landlord)
Source
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