Landlord's Appeal Dismissed: Q Res IV Operating GP Inc. v. Berezovs'ka, 2017 ONSC 5541
Landlord's appeal dismissed after failing to show due diligence in responding to LTB notices
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Sep 2017
Order Date
Sep 18, 2017
Dispute Summary
Landlord appealed a Landlord and Tenant Board (LTB) decision that denied their request to review an earlier LTB order. The original order granted the Tenant a rent abatement due to persistent noise issues. The Landlord claimed they never received notice of the original hearing or the subsequent order.
Determinations
- LTB's decision to deny rehearing was not an error in law
- LTB had sufficient evidence to conclude Landlord's lack of diligence
- Court has no jurisdiction to reweigh evidence or substitute factual findings
Case Study
The court found that the LTB's decision to deny a rehearing based on the Landlord's lack of diligence was not an error in law. The LTB had sufficient evidence to conclude that the Landlord's non-appearance at the original hearing was due to their own lack of diligence in handling legal proceedings.
Arguments and Actions
Landlord
Arguments
The Landlord argued that denying a party the opportunity to be heard is an error of law.
Actions
The Landlord claimed it had not received either the Notice of Hearing for the October 31, 2016 hearing or the Board's Order made on that date.
Procedural Errors
The LTB found that the Landlord's non-appearance at the original hearing was due to a lack of diligence on the part of the Landlord's head office staff.
Tenant
Actions
The Tenant informed the Landlord in November 2017 that she was paying less rent due to the abatement order.
Decision Summary
The Divisional Court dismissed the Landlord's appeal of the LTB's decision. The court found that the LTB did not err in law by denying the Landlord's request for a rehearing based on their lack of diligence in handling the original notice and order.
Adjudicator Details
Divisional Court
Total Orders
1
Landlord Favorable
0.0%
Tenant Favorable
100.0%
Mutual Agreement
0.0%
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