Magnacca v. Zoppo: Eviction Order Overturned Due to Procedural Unfairness
Tenant's eviction order overturned due to LTB's failure to provide proper hearing notice
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Unit ****, 50 Oxford Street, Toronto, ON
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Oct 2022
Order Date
Oct 4, 2022
Dispute Summary
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.
Determinations
- Tenant denied procedural fairness due to lack of notice
- Eviction order set aside
- Expedited consolidated hearing ordered
- Service of future notices to be on tenant's counsel of record
Case Study
The appeal was allowed due to procedural unfairness, as there was no record of the LTB serving the Notice of Hearing to the parties. This procedural error led to the setting aside of the eviction order. The court emphasized the importance of proper notice and procedural fairness in tenancy dispute resolutions.
Arguments and Actions
Landlord
Actions
Landlord applied for eviction due to safety impairment and willful damage to the premises.
Tenant
Arguments
Tenant argued he could not reasonably participate in the original hearing.
Actions
Tenant or his guest covered smoke and carbon monoxide detectors with plastic, seriously impairing safety.
Aggravating Factors
Tenant has not paid rent since 2019
Decision Summary
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.
Adjudicator Details
Divisional Court
Total Orders
13
Landlord Favorable
61.5%
Tenant Favorable
38.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,400
Source
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