Last updated: August 16, 2024
Dispute resolved in
Agreement
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Citation: Lindsay v. Ecuhome Corporation, 2023 ONSC 5801
File Number: 434/23
Application Date (Estimate)
May 2022
Hearing Date
Oct 2023
Order Date
Oct 20, 2023
We estimate Application Date using rent arrears.
The court granted an extension of time only for the appeal of the LTB eviction order, with conditions. Extensions for the 2022 LTB orders and judicial review applications were denied. An automatic stay of the eviction order was granted, subject to the tenant paying at least $145/month toward rent and promptly obtaining a transcript of the LTB eviction hearing.
Tenant sought extensions of time to challenge three LTB orders, including two from 2022 and an eviction order from 2023. The dispute arose from changes to the tenant's rent-geared-to-income subsidy, leading to increased rent payments. The tenant stopped paying rent in January 2023, resulting in eviction proceedings.
Landlord argued prejudice due to substantial arrears and inability to fulfill its mandate to provide affordable housing to others.
Landlord commenced eviction proceedings due to non-payment of rent.
Tenant argued that the LTB was deciding his RGI rent subsidy, which was outside the LTB's jurisdiction. Tenant also claimed breaches of procedural fairness due to inability to access documents during the hearing.
Tenant stopped paying rent in January 2023. Tenant did not file reviews of the RGI calculations available to him under the separate regime.
Tenant failed to file timely appeals and did not deliver a proper motion record or factum for the extension request.
Tenant stopped paying rent in January 2023 and failed to file timely appeals or reviews of RGI calculations.
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Lawful Rent
$470
Rent Arrears
$8,293
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