Last updated: August 16, 2024
Decision in favor of
Landlord
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Citation: Lee v. Padathe, 2023 ONSC 4241
File Number: 336/23
Order Date
Jul 19, 2023
The court dismissed the tenant's motion for an extension of time to file an appeal of the Landlord and Tenant Board's decisions. The court found that the overall justice of the case did not support granting the extension, considering the lack of merit in the appeal and the ongoing prejudice to the landlord due to non-payment of rent.
Tenant sought an extension of time to file an appeal of two Landlord and Tenant Board decisions. The first decision granted the landlord's request for termination due to rent arrears. The central issue was whether the landlord was exempt from rent increase guidelines. The tenant, living on ODSP, cannot afford the increased rent.
Landlord argued that the tenant had not met the test for an extension of time to file an appeal.
Landlord increased rent by more than 50%, which the Board found to be exempt from rent increase guidelines.
Tenant argued that the Board had an obligation to grant an adjournment as an accommodation for her disability. Tenant also claimed that the hearing was not under oath and the Board failed to consider the authenticity and admissibility of documents.
Tenant has not paid rent since the Board's March 28 order. Tenant lives on a fixed income from ODSP of $1,104.43 per month.
Tenant did not seek a review of the Board's March 28 order within the required 30 days.
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Lawful Rent
$3,998
Rent Arrears
$6,000
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