Michael v. Koehler: Divisional Court Dismisses Tenant's Appeal of LTB Orders
Divisional Court dismisses tenant's appeal of LTB orders as moot, finding no procedural unfairness in Settlement Order process
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Jul 2022
Hearing Date
Jan 2023
Order Date
Jan 31, 2023
Dispute Summary
The Tenant appealed two orders from the Landlord and Tenant Board: a Settlement Order terminating the tenancy and a Review Order dismissing the Tenant's request to review the Settlement Order. The Tenant claimed procedural unfairness in the inclusion of a Section 78 term allowing eviction without notice for non-payment of rent.
Determinations
- Appeal is moot as the disputed Section 78 term has expired
- No special circumstances warrant hearing a moot appeal
- No error of law in Board's exercise of discretion under s. 204(1) of RTA
- No procedural unfairness in Settlement Order process
Case Study
The court found the appeal to be moot as the disputed Section 78 term had expired. Even if not moot, the court found no error of law in the Board's exercise of discretion to include conditions in its order under s. 204(1) of the RTA. The court also rejected the Tenant's claim of procedural unfairness.
Arguments and Actions
Landlord
Arguments
The Landlord argued that the appeal was moot as the disputed Section 78 term had expired and no application was made in reliance on it.
Actions
The Landlord sought to dismiss the appeal on the grounds that it was moot and lacked merit.
Tenant
Arguments
The Tenant argued that the inclusion of the Section 78 term in the Settlement Order was procedurally unfair as they did not consent to it and did not have an opportunity to seek further legal advice.
Actions
The Tenant agreed to terminate the tenancy and vacate by July 31, 2022, and to pay $300/month for May, June, and July 2022.
Procedural Errors
The Tenant failed to perfect their appeal according to the Court's expedited schedule.
Decision Summary
The Divisional Court dismissed the Tenant's appeal of the Landlord and Tenant Board's Settlement Order and Review Order. The court found the appeal to be moot as the disputed Section 78 term had expired. Even if not moot, the court found no error of law in the Board's exercise of discretion or procedural fairness issues.
Adjudicator Details
Ontario Superior Court of Justice - 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
$300
Source
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