Kurdina v. Toronto Community Housing Corporation: Bedbug Dispute Appeal Dismissed
Tenant's appeal of LTB decision on bedbug infestation dismissed by Divisional Court
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$500
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2021
Order Date
Jan 22, 2021
Dispute Summary
Tenant appealed a Landlord and Tenant Board review order that refused to review an earlier decision dismissing her application alleging the landlord failed to meet maintenance obligations regarding a bedbug infestation in her apartment building.
Determinations
- Tenant failed to identify any error of law in the Board's review decision
- Board's interpretation of s. 20 of the RTA was correct
- Board's acceptance of landlord's evidence was within its discretion
- No evidence of bias or procedural unfairness in the hearing process
- Tenant's fresh evidence motion dismissed for failing to meet the Palmer test
Case Study
The court found no error of law in the Board's interpretation of s. 20 of the RTA or in the statement of the applicable legal test. The Board's decision to accept the landlord's evidence about steps taken to address the bedbug infestation was within its discretion. The court also found no evidence of bias or procedural unfairness in the hearing process.
Arguments and Actions
Landlord
Arguments
Landlord argued it had responded to the bedbug infestation in a timely and effective manner.
Actions
Landlord provided evidence of conducting inspections and treatments for bedbugs in the building from February through July 2018.
Tenant
Arguments
Tenant alleged bias and denial of procedural fairness at the hearing, and sought to challenge the Board's findings of fact.
Actions
Tenant attempted to introduce unsworn documents from other tenants and results of a freedom of information request after the initial Board decision.
Procedural Errors
Tenant failed to obtain and present evidence from other tenants and freedom of information request results at the initial hearing.
Decision Summary
The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's review decision, finding no error of law in either the Board's review decision or its initial decision. The court also dismissed the tenant's motion to introduce fresh evidence.
Adjudicator Details
Divisional Court
Total Orders
21
Landlord Favorable
71.4%
Tenant Favorable
28.6%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$500
Costs awarded to respondent
Total Owing
$500 (Owed to Landlord)
Source
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