Mitrou v. Singh: Tenant's Appeal Extension Denied in $112000 Rent Arrears Case
Tenant's appeal extension denied in $112000 rent arrears case, upholding eviction order
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$112,000
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2019
Tenancy End Date
Mar 2021
Hearing Date
Jul 2021
Order Date
Aug 3, 2021
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Tenant Georgia Mitrou sought to extend the time for appealing a Landlord and Tenant Board order that terminated her tenancy and required her to pay $25,000 in outstanding rent. The Landlord, Kanika Singh, opposed the extension. The court dismissed the tenant's motion to extend the appeal deadline, finding no merit to the proposed appeal and that granting an extension would be an abuse of process given the tenant's persistent non-payment of rent.
Determinations
- Tenant's motion to extend time for appeal dismissed
- No merit to proposed appeal on question of law
- Granting extension would be abuse of process
- Tenant owes significant rent arrears
- LTB order terminating tenancy upheld
Case Study
The court applied the test for extending time to appeal from Enbridge Gas Distribution Inc. v. Froese, considering factors such as intention to appeal, length of delay, prejudice to the responding party, and merits of the appeal. The court found no merit to the proposed appeal, as the Landlord and Tenant Board's decision was based on factual findings of persistent non-payment of rent, which did not constitute an error of law. The court also noted that granting an extension would be an abuse of process, as it appeared the tenant was seeking to delay eviction without addressing the underlying rent arrears.
Arguments and Actions
Landlord
Arguments
Landlord argued that granting an extension would be prejudicial due to ongoing non-payment of rent.
Actions
Landlord opposed the extension of time for appeal and maintained that the tenant owed significant rent arrears.
Tenant
Arguments
Tenant claimed there were errors in the LTB's decision regarding the amount of rent owed and alleged procedural unfairness during the LTB hearing.
Actions
Tenant admitted to owing at least 12 months of rent arrears at the time of the LTB hearing and had not paid any rent since the Board issued its order.
Aggravating Factors
Persistent non-payment of rent over an extended period, accumulating significant arrears of at least $112,000.
Decision Summary
The Divisional Court dismissed the tenant's motion to extend time for appealing a Landlord and Tenant Board order that terminated the tenancy and required payment of $25,000 in rent arrears. The court found no merit to the proposed appeal and determined that granting an extension would be an abuse of process given the tenant's persistent non-payment of rent, which had accumulated to at least $112,000 by the time of the hearing.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
87.5%
Tenant Favorable
0.0%
Mutual Agreement
12.5%
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Financial Details
Lawful Rent
$6,500
Rent Arrears
$112,000
Total Owing
$112,000 (Owed to Landlord)
Source
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