Divisional Court Upholds LTB Eviction Order: Malloy v. Hamilton East Kiwanis
Divisional Court upholds LTB eviction order due to tenant seriously impairing safety of another person
Summarized by RentZenLast updated: August 16, 2024
Case Summary
595 Rymal Road East, Hamilton, ON
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Apr 2022
Order Date
Apr 25, 2022
Dispute Summary
Tenant appealed an LTB order terminating her tenancy and ordering eviction for seriously impairing the safety of another person. The Divisional Court dismissed the appeal, finding no errors of law in the LTB's decision.
Determinations
- LTB's findings of fact must be accepted by the court
- LTB properly considered circumstances under s.83 of RTA
- No error of law in LTB's decision to grant eviction
Case Study
The court found that the tenant's arguments were attacks on the LTB's findings of fact, which are not within the court's jurisdiction on appeal. The court also determined that the LTB properly considered all relevant circumstances under s.83 of the RTA in deciding to grant the eviction.
Arguments and Actions
Tenant
Arguments
Tenant argued that the other party in the altercation was the aggressor by coming onto her property, and that the police report contradicted the Board's findings.
Actions
Tenant was involved in a physical altercation on the residential complex premises.
Aggravating Factors
Tenant seriously impaired the safety of another person
Decision Summary
The Divisional Court dismissed the tenant's appeal of the LTB's order terminating her tenancy and ordering eviction. The court found no errors of law in the LTB's decision, stating that the LTB properly considered all relevant circumstances under s.83 of the RTA.
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
$243
Source
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