McLeod v. Wigwamen Inc: Divisional Court Upholds LTB Eviction Orders
Divisional Court upholds LTB eviction orders despite tenant's criminal acquittal, clarifying the relationship between criminal and LTB proceedings
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Nov 2023
Order Date
Feb 8, 2024
Dispute Summary
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.
Determinations
- No error of law in LTB's illegal act findings despite criminal acquittal
- LTB properly considered s. 83(3) relief from eviction
- No error in LTB's weighing of factors under s. 83(2)
- No breach of procedural fairness by LTB
- Appeal dismissed
Case Study
The court found no errors of law in the LTB's decisions. The criminal acquittal did not negate the LTB's findings on a balance of probabilities. The LTB properly considered s. 83(3) relief and weighed factors under s. 83(2). No procedural fairness issues were found.
Arguments and Actions
Landlord
Arguments
Landlord argued that the LTB's decisions were correct and should be upheld.
Actions
Landlord obtained eviction orders for two units - one for non-payment of rent and both for illegal acts.
Tenant
Arguments
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.
Actions
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.
Procedural Errors
Tenant failed to provide proper notice of maintenance issues under s. 82 of the RTA despite an 8-month adjournment to do so.
Aggravating Factors
Tenant committed assault and theft against property manager
Decision Summary
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.
Adjudicator Details
Divisional Court
Total Orders
6
Landlord Favorable
50.0%
Tenant Favorable
50.0%
Mutual Agreement
0.0%
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Financial Details
Rent Arrears
$35,000
Source
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