Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$21,025
to Landlord
Agree with the ruling?
Citation: Mubarak v. Toronto Community Housing Corporation, 2022 ONSC 382
File Number: 356/21
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.
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.
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.
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.
The Landlord sought to quash the Tenant's appeal, arguing it was an abuse of process and devoid of merit.
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.
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.
Tenant failed to pay any rent for over two years and made minimal efforts to remedy the situation even after court directions.
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Lawful Rent
$135
Rent Arrears
$21,025
Ordered Amount
$21,025 (to Landlord)
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