Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
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Citation: Michael v. Koehler, 2023 ONSC 707
File Number: DC-22-348
Tenancy End Date
Jul 2022
Hearing Date
Jan 2023
Order Date
Jan 31, 2023
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.
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.
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.
The Landlord sought to dismiss the appeal on the grounds that it was moot and lacked merit.
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.
The Tenant agreed to terminate the tenancy and vacate by July 31, 2022, and to pay $300/month for May, June, and July 2022.
The Tenant failed to perfect their appeal according to the Court's expedited schedule.
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