Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$2,000
to Landlords
Agree with the ruling?
Citation: Naiman v. Lee, 2023 ONSC 511
File Number: 292/22
Hearing Date
Jan 2023
Order Date
Jan 12, 2023
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.
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.
Landlords argued that allowing a late amendment to include general damages would be prejudicial.
Landlords provided evidence that the Tenant could have obtained similar rental accommodation in the same neighbourhood for the same amount of rent.
Tenant argued that the Board erred in law by not awarding any portion of increased rent incurred after vacating the rental unit.
Tenant chose to move from a one-bedroom basement apartment in Toronto to a three-bedroom dwelling in Orangeville.
Tenant attempted to amend application to include general damages claim on the day of the hearing.
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Other Amount
$2,000
Costs awarded to Landlords
Ordered Amount
$2,000 (to Landlords)
Click to switch between order outcomes
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