Tenant's Appeal Dismissed in Morgan v. Domian 2022 ONSC 4164: Morgan v. Domian 2022
Divisional Court dismisses tenant's appeal of LTB eviction order, affirming limitations on appealing factual determinations
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jul 2022
Order Date
Jul 15, 2022
Dispute Summary
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.
Determinations
- No error of law or procedural unfairness in LTB decisions
- Tenant's complaints about factual findings not appealable
- Court lacks jurisdiction to interfere with LTB's factual determinations
- Tenant's appeal of pending T6 application premature
Case Study
The court found no errors of law or procedural unfairness in the LTB's decisions. The Tenant's complaints about factual findings and rent calculations were not questions of law that could be appealed. The court lacked jurisdiction to interfere with these factual determinations.
Arguments and Actions
Landlord
Arguments
Landlord sought confirmation of tenancy termination and lifting of eviction stay.
Actions
Landlord provided updated form to LTB declaring $9,370.00 in rent arrears owing.
Tenant
Arguments
Tenant argued LTB should have heard her T6 application concurrently with Landlord's termination application.
Actions
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.
Procedural Errors
Tenant failed to file Factum or comply with court orders to organize and upload appeal materials.
Aggravating Factors
Tenant continued to occupy premises without paying rent during appeal process
Decision Summary
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.
Adjudicator Details
Divisional Court
Total Orders
7
Landlord Favorable
85.7%
Tenant Favorable
14.3%
Mutual Agreement
0.0%
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Financial Details
Rent Arrears
$9,370
Source
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