Naiman v. Lee: Divisional Court Upholds LTB Decision on Bad Faith Eviction
Divisional Court upholds LTB decision in bad faith eviction case, dismissing tenant's appeal
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlords
$2,000
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
Jan 12, 2023
Dispute Summary
Tenant appealed a Landlord and Tenant Board order that found the Landlords served a Notice of Termination in bad faith but declined to award any remedy to the Tenant. The Tenant argued this was an error in law.
Determinations
- Board's decision not to award remedy under s. 57(3) was discretionary
- Tenant's arguments primarily disputed factual findings
- Board's decisions on compensation, expenses, damages, fines, and costs were within its discretion
- No error in law found in the Board's decision
Case Study
The court found no error in law in the Board's decision. The language of s. 57(3) is discretionary, allowing the Board to choose whether to make an order. The Tenant's arguments primarily disputed factual findings, which are within the Board's purview. The Board's decisions on rent increase compensation, moving expenses, general damages, administrative fines, and costs were all within its discretion and did not constitute errors in law.
Arguments and Actions
Landlord
Arguments
Landlords argued that allowing a late amendment to include general damages would be prejudicial.
Actions
Landlords provided evidence that the Tenant could have obtained similar rental accommodation in the same neighbourhood for the same amount of rent.
Tenant
Arguments
Tenant argued that the Board erred in law by not awarding any portion of increased rent incurred after vacating the rental unit.
Actions
Tenant chose to move from a one-bedroom basement apartment in Toronto to a three-bedroom dwelling in Orangeville.
Procedural Errors
Tenant attempted to amend application to include general damages claim on the day of the hearing.
Decision Summary
The Divisional Court dismissed the Tenant's appeal, finding no error in law in the Landlord and Tenant Board's decision. The Board's discretionary decisions on remedies, compensation, and costs were upheld. The Landlords were awarded $2,000 in costs for the appeal.
Adjudicator Details
Divisional Court
Total Orders
21
Landlord Favorable
71.4%
Tenant Favorable
28.6%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$2,000
Costs awarded to Landlords
Total Owing
$2,000 (Owed to Landlords)
Source
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