Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
-
Agree with the ruling?
Hearing Date
Oct 2022
Order Date
Oct 4, 2022
The Divisional Court allowed the tenant's appeal, setting aside the LTB's eviction order due to lack of proper notice. The court ordered an expedited 5-day hearing to be held by November 30, 2022, consolidating all pending proceedings between the parties. The court emphasized the importance of procedural fairness and proper notice in tenancy dispute resolutions.
The landlord applied to terminate the tenancy and evict the tenant due to serious impairment of safety and willful damage to the residential premises. The LTB initially ordered termination, which the tenant appealed. The Divisional Court allowed the appeal due to lack of proper notice, setting aside the eviction order and ordering an expedited consolidated hearing for all pending matters between the parties.
Landlord applied for eviction due to safety impairment and willful damage to the premises.
Tenant argued he could not reasonably participate in the original hearing.
Tenant or his guest covered smoke and carbon monoxide detectors with plastic, seriously impairing safety.
Tenant has not paid rent since 2019
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