Lerose v. Princess Apartments: Divisional Court Upholds LTB Eviction Order
Divisional Court upholds LTB eviction order for persistent late rent payment, dismissing tenants' appeal
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Unit ****, 53 Warrender Avenue, Toronto, ON
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Dec 2021
Order Date
Jan 3, 2022
Dispute Summary
The landlord sought to evict the tenants for persistent late payment of rent. The Landlord and Tenant Board (LTB) ordered the tenancy terminated. The tenants appealed the LTB's decision to the Divisional Court, arguing lack of procedural fairness and error in the LTB's exercise of discretion to refuse relief from eviction.
Determinations
- No procedural unfairness in LTB proceedings
- LTB did not err in considering prior proceedings between parties
- LTB's finding of persistent late rent payment was valid
- No error in LTB's exercise of discretion under s.83(2) of RTA
- No bias or breach of Constitutional rights by LTB
Case Study
The Divisional Court found no error of law in the LTB's decision. The court ruled that there was no procedural unfairness in the LTB considering prior proceedings between the parties, as these were not confidential. The court also found no error in the LTB's exercise of discretion under s.83(2) of the Residential Tenancies Act to refuse more permanent relief from eviction.
Arguments and Actions
Landlord
Arguments
The landlord argued that the tenants' persistent late payment of rent justified termination of the tenancy, despite previous opportunities given to the tenants to correct their behavior.
Actions
The landlord provided evidence of the tenants' late rent payments for 14 consecutive months prior to the eviction application.
Tenant
Arguments
The tenants argued lack of procedural fairness in the LTB proceedings and that the LTB erred in exercising its discretion to refuse relief from eviction under s.83(2) of the Residential Tenancies Act.
Actions
The tenants had a history of at least seven applications against them for non-payment of rent between November 2013 and March 2019. They had been subject to previous prompt payment orders and agreements but continued to pay rent late.
Aggravating Factors
Persistent late payment of rent over an extended period, multiple prior LTB proceedings for non-payment of rent
Decision Summary
The Divisional Court dismissed the tenants' appeal of the LTB's decision to terminate the tenancy due to persistent late payment of rent. The court found no procedural unfairness or error in the LTB's exercise of discretion. The eviction order was upheld, with a 30-day stay from the release of the court's reasons.
Adjudicator Details
Divisional Court
Total Orders
21
Landlord Favorable
71.4%
Tenant Favorable
28.6%
Mutual Agreement
0.0%
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