Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
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Hearing Date
Nov 2023
Order Date
Feb 8, 2024
The Divisional Court dismissed the tenant's appeal of the LTB eviction orders. The court found no errors of law in the LTB's decisions regarding illegal acts, consideration of relief from eviction, or procedural fairness. The eviction order stay was extended to April 8, 2024 to allow time for relocation.
The landlord obtained eviction orders against the tenant for two units - one for non-payment of rent (over $35,000 in arrears) and both for committing illegal acts (assault and theft against property manager). The tenant appealed these orders and a review denial to the Divisional Court.
Landlord argued that the LTB's decisions were correct and should be upheld.
Landlord obtained eviction orders for two units - one for non-payment of rent and both for illegal acts.
Tenant argued that his criminal acquittal should negate the LTB's illegal act findings, that the LTB failed to properly consider relief from eviction under s. 83(3), and that he was denied procedural fairness.
Tenant had over $35,000 in rent arrears for one unit. Tenant allegedly assaulted the landlord's property manager and stole his phone in the building's parking garage.
Tenant failed to provide proper notice of maintenance issues under s. 82 of the RTA despite an 8-month adjournment to do so.
Tenant committed assault and theft against property manager
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