Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Citation: Linhares v. Rahman, 2023 ONSC 1435
File Number: 540/22
Tenancy End Date
Sep 2022
Hearing Date
Feb 2023
Order Date
Mar 2, 2023
The Divisional Court quashed the tenant's appeal of the LTB decision, finding that no question of law was raised. The court upheld the LTB's order terminating the tenancy and evicting the tenant. The automatic stay of the LTB's order was lifted, effective March 17, 2023, to allow the tenant time to vacate the premises.
Tenant appealed an LTB decision that terminated the tenancy and ordered eviction based on the landlord's claim of requiring the unit for personal use. The Divisional Court quashed the appeal, finding no question of law was raised.
Landlord argued that the appeal should be quashed as it failed to raise a question of law, which is required for appeals from LTB decisions.
Landlord gave notice of termination under s. 48(1) of the RTA, claiming to require possession of the rental unit for residential occupation for at least one year.
Tenant argued that the LTB Member made errors in law by not properly considering evidence and failing to apply certain sections of the RTA.
Tenant appealed the LTB decision, arguing that the Member failed to apply s. 71.1(3) of the RTA, did not properly consider prior N12 notices, failed to consider evidence of reprisal, and failed to consider the absence of evidence supporting the landlord's application.
Need assistance from an expert?
Click to switch between order outcomes
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.
Landlord wins LTB case against Mississauga tenants for non-payment of rent, tenancy terminated and tenants ordered to pay over $13,000.
Toronto tenant faces eviction for non-payment of $5,436 in rent arrears.
