Mubarak v. Toronto Community Housing Corp: Appeal Quashed in Non-Payment Case
Divisional Court quashes tenant's appeal, allowing eviction to proceed after 2+ years of non-payment in Toronto social housing
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$21,025
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Oct 2008
Hearing Date
Sep 2021
Order Date
Jan 17, 2022
Tenancy End Date
Feb 2022
We estimate Application Date using rent arrears.
Dispute Summary
The Landlord sought to quash the Tenant's appeal of a Landlord and Tenant Board order terminating his tenancy due to non-payment of rent. The Tenant had not paid rent since early 2019, accumulating significant arrears. The Landlord argued the appeal was meritless and an abuse of process.
Determinations
- The appeal is an abuse of process
- The appeal is devoid of merit
- The Tenant failed to pay rent for over two years
- The Tenant breached the mediated settlement agreement
- The Landlord and Tenant Board properly considered the fairness of the eviction order
Case Study
The court found the Tenant's appeal to be an abuse of process and devoid of merit. The Tenant had failed to pay rent for a prolonged period without reasonable explanation or intention to remedy the situation. The grounds of appeal did not raise valid questions of law, and the Landlord and Tenant Board had properly considered the fairness of the eviction order.
Arguments and Actions
Landlord
Arguments
The Landlord argued that the Tenant was 'gaming the system' by appealing to obtain an automatic stay of the eviction order without any intention of paying rent or arrears.
Actions
The Landlord sought to quash the Tenant's appeal, arguing it was an abuse of process and devoid of merit.
Tenant
Arguments
The Tenant argued that the Board failed to consider relief from eviction, did not address Human Rights Code issues related to his daughter's disability, erred in not granting an adjournment, and failed to consider his entitlement to a rent-geared-to-income subsidy.
Actions
The Tenant paid no rent at all between April 2019 and June 2021. After commencing proceedings, he only paid minimal amounts towards rent and no amounts towards arrears, despite court directions.
Aggravating Factors
Tenant failed to pay any rent for over two years and made minimal efforts to remedy the situation even after court directions.
Decision Summary
The court granted the Landlord's motion to quash the Tenant's appeal, finding it to be an abuse of process and devoid of merit. The Tenant's failure to pay rent for over two years without reasonable explanation or intention to remedy the situation was a key factor. The court dismissed the appeal and allowed the eviction to proceed after a four-week delay.
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
$135
Rent Arrears
$21,025
Total Owing
$21,025 (Owed to Landlord)
Source
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