Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$2,720
to Landlord
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Citation: Koda Holdings Inc. c/o Domus Inc. v. Gareth D'Costa, David Evans, Griffin Rush, Hugh Kelly, Cameron Hanson and Shane Bulwa, 2022 ONSC 1865
File Number: 868/21
Tenancy End Date
Aug 2021
Hearing Date
Mar 2022
Order Date
Apr 4, 2022
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.
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.
The Landlord argued that the lease and termination agreement were valid, and that the Board's interpretation of the RTA was correct.
The Landlord filed an A2 Application with the Board alleging that the former tenants had transferred occupancy to Mr. D'Costa without consent.
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.
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.
Tenant was uncooperative and disruptive during the Board hearing, leading to his removal from the proceedings.
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Other Amount
$2,720
Costs awarded to Landlord
Ordered Amount
$2,720 (to Landlord)
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