Last updated: August 16, 2024
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Citation: Padathe v. Lee, 2023 ONSC 4560
File Number: 336/23
Order Date
Aug 8, 2023
The court dismissed the tenants' motion for a stay of eviction pending their review of a previous court decision. The court found that while the tenants would suffer irreparable harm, they did not establish a serious issue to be tried or that the balance of convenience favored granting a stay. The court upheld the previous decisions allowing a significant rent increase from $1,950 to $3,998 per month, finding it was lawful under the exemption for new buildings from rent control guidelines.
Tenants sought a stay of eviction and review of a previous court decision that refused to extend time for them to appeal a Landlord and Tenant Board order. The LTB had allowed the landlord to increase rent from $1,950 to $3,998 per month, which the tenants could not afford. The tenants failed to appeal the LTB decision in time and were unsuccessful in getting an extension to appeal.
Landlord argued that the rental unit is exempted from rent increase guidelines pursuant to section 6.1(2) of the Residential Tenancies Act.
Landlord increased rent from $1,950 to $3,998 per month, citing exemption from rent increase guidelines for new buildings.
Tenants referenced the duty to accommodate in the Human Rights Code, sections 7 and 15 of the Canadian Charter of Rights and Freedoms, and exceptions to the exemption in s.6.1 of the Residential Tenancies Act.
Tenants argued that such a substantial rent increase is manifestly unfair and that one of the tenants is elderly and disabled, which would severely prejudice them if evicted.
Tenants failed to appeal the Landlord and Tenant Board decision within the required timeframe.
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