Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
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Citation: Minas v. Adler, 2022 ONSC 6706
File Number: DC-22-073-Appeal
Hearing Date
Nov 2022
Order Date
Dec 2, 2022
The Divisional Court dismissed the Landlords' appeal of the LTB decision. The court upheld the LTB's jurisdiction to hear the matter, found that the LTB application was not an abuse of process, confirmed that the rental unit was still subject to the RTA, and agreed with the LTB's interpretation of 'vacant' in s. 31(3) of the RTA. The Landlords were ordered to pay $9,000 in costs to the Tenants.
Landlords appealed a Landlord and Tenant Board decision that ordered them to allow Tenants to recover possession of a rental unit. The Landlords had illegally evicted the Tenants and moved back into the property without obtaining an LTB order. The main issues were whether the LTB had jurisdiction to hear the matter, whether the LTB application was an abuse of process, whether the rental unit was still subject to the Residential Tenancies Act, and whether the unit could be considered 'vacant' under the Act.
Landlords argued that the LTB did not have jurisdiction to hear the matter, the LTB application was an abuse of process, the rental unit was no longer subject to the RTA, and the unit could not be considered 'vacant' under s. 31(3) of the RTA because they were occupying it.
Landlords terminated the tenancy and took possession of the house in August 2021 without obtaining an order from the Landlord and Tenant Board. Landlords changed the locks on the residence.
Landlords illegally evicted Tenants without obtaining an LTB order
Landlords illegally evicted Tenants and moved back into the property without obtaining an LTB order
Tenants argued that the LTB had jurisdiction to hear the matter, the LTB application was not an abuse of process, the rental unit was still subject to the RTA, and the unit could be considered 'vacant' under s. 31(3) of the RTA despite Landlords occupying it.
Tenants moved to Dubai in December 2020 due to the COVID-19 pandemic but continued to pay rent. Tenant intended to return to Toronto to facilitate his child's attendance at a private school.
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