Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
to Landlord
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Citation: Morgan v. Domian, 2022 ONSC 4164
File Number: TST-22775-21, TSL-19590-21
Hearing Date
Jul 2022
Order Date
Jul 15, 2022
The Divisional Court dismissed the Tenant's appeal of the LTB decisions terminating her tenancy. The court found no errors of law or procedural unfairness, and determined it lacked jurisdiction to review the LTB's factual findings regarding rent arrears. The stay of eviction was lifted, allowing the Landlord to proceed with enforcement.
The Tenant appealed several LTB decisions, including an order terminating her tenancy for non-payment of rent. The Tenant had raised maintenance issues under s. 82 of the RTA, but this application was dismissed when she left the hearing. A separate T6 application by the Tenant regarding maintenance issues remains pending at the LTB.
Landlord sought confirmation of tenancy termination and lifting of eviction stay.
Landlord provided updated form to LTB declaring $9,370.00 in rent arrears owing.
Tenant argued LTB should have heard her T6 application concurrently with Landlord's termination application.
Tenant left LTB hearing after being asked to provide documentation of rent payments. Tenant failed to provide requested documents or seek reconsideration of LTB order.
Tenant failed to file Factum or comply with court orders to organize and upload appeal materials.
Tenant continued to occupy premises without paying rent during appeal process
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Rent Arrears
$9,370
Click to switch between order outcomes
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Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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