Landlord Wins Review Order: Le v Steeves 2023
LTB upholds landlord's termination order in Hamilton rental dispute, denies tenant's review request
Summarized by RentZenLast updated: September 12, 2024
Case Summary
3 Janet Court, Hamilton, ON L8E4X8
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jun 2022
Order Date
Nov 2, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant because the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year, the tenant or someone the tenant permitted has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the landlord or another tenant, the tenant or someone the tenant permitted has willfully or negligently caused damage to the premises, and the tenant or someone the tenant permitted has committed an illegal act or has carried out, or permitted someone to carry out an illegal trade, business or occupation in the rental unit or the residential complex.
Determinations
- Rule 26.18 of the Board's Rules of Procedure is waived
- The review request is denied
- The order LTB-L-020556-22, issued on September 27, 2023, is confirmed and remains unchanged
Case Study
The reviewing member found that the tenant did not challenge the landlord's good faith intention to occupy the rental unit during the original hearing, and the reviewing member was reasonable in limiting the re-hearing to the issue of whether relief from eviction should be granted under section 83 of the Residential Tenancies Act, 2006. The reviewing member also found that the tenant was given an adequate opportunity to lead evidence and cross-examine the landlord, and the interruptions by the reviewing member were for the purpose of limiting the evidence to the relevant issues.
Arguments and Actions
Tenant
Arguments
The tenant's review request sought to establish that the N12 notice was given in bad faith and alleged the reviewing member seriously erred by not allowing the tenant's the ability to present evidence and cross-examine the landlord's witness with respect to the validity of the N12 and the landlord's "good faith" intention.
Decision Summary
The request to review order LTB-L-020556-22, issued on September 27, 2023, is denied. The order is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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