Lacroix v. Central-McKinlay International Ltd.
Last updated: August 16, 2024
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Lacroix v. Central-McKinlay International Ltd., 2022 ONSC 2807
File Number: DV-2018-19
Timeline
Hearing Date
Feb 2022
Order Date
May 11, 2022
Decision
The Divisional Court dismissed the tenant's appeal of the LTB eviction order, finding no procedural unfairness in the LTB hearing. The court ordered the tenant to pay $8,467.50 in costs to the landlord and directed the Sheriff to enforce the eviction order on June 1, 2022, or as soon as practicable thereafter.
Dispute
The landlord sought to evict the tenant for the purpose of demolishing the premises. The Landlord and Tenant Board granted the eviction order, which the tenant appealed to the Divisional Court on the grounds of procedural unfairness, claiming his lawyer was unable to attend the LTB hearing.
Determinations
- No procedural unfairness in LTB hearing
- Tenant did not request adjournment
- No evidence tenant was unable to participate effectively
- LTB not obligated to inquire about counsel representation
- Appeal dismissed as without merit
Landlord's Arguments
Arguments
The landlord argued that the appeal disclosed no question of law, was fundamentally without merit, and was an abuse of process brought solely to delay the tenant eviction.
Actions and Evidence
The landlord obtained a demolition permit from the City of Sault Ste. Marie on April 25, 2019. The landlord served an eviction notice on the tenant on December 22, 2018, with a termination date of April 30, 2019.
Tenant's Arguments
Arguments
The tenant argued that the LTB erred in proceeding with the hearing in the absence of counsel for the tenant and that the LTB had a duty to inquire whether the tenant wished to be represented by counsel.
Actions and Evidence
The tenant has lived at the premises for about forty-five years. The tenant's lawyer presented an offer to purchase the property to the respondent prior to the start of the LTB hearing but did not stay for the hearing.
Procedural Errors
The tenant did not request an adjournment at the LTB hearing and did not raise the issue of his lawyer's non-participation with the LTB.
Considerations
The tenant brought a meritless appeal and failed to show diligence in pursuing it, leading to an inference of intentional delay.
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