Tenant's Appeal Dismissed in Ramlal Hemchand v. Toronto Community Housing Corporation: Ramlal Hemchand v. Toronto Community Housing Corporation 2023
Divisional Court dismisses tenant's appeal of $21185 rent arrears eviction, finding no procedural unfairness in LTB proceedings
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$21,185
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Aug 2021
Hearing Date
Oct 2023
Order Date
Oct 18, 2023
Dispute Summary
The tenant appealed an LTB order evicting him for non-payment of rent. The tenant claimed he wrongly lost his rent-geared-to-income assistance, resulting in a large rent increase and arrears. The Divisional Court dismissed the tenant's appeal, finding no procedural unfairness in the LTB proceedings.
Determinations
- No procedural unfairness in LTB proceedings
- Tenant received proper notice of rescheduled hearing
- No evidence of LTB member bias
- Tenant failed to pursue appeal diligently
Case Study
The court found no procedural unfairness in the LTB proceedings. The tenant's claims about rent increases and RGI subsidy were already dismissed in a separate judicial review. The court determined that the tenant received proper notice of the rescheduled hearing and failed to establish that the LTB building was closed or that he was unable to attend.
Arguments and Actions
Landlord
Arguments
Landlord sought dismissal of the appeal for delay due to tenant's failure to comply with court-ordered deadlines.
Actions
Landlord provided evidence that notice of the rescheduled hearing was mailed to the tenant, including information about using Public Access Terminals.
Tenant
Arguments
Tenant argued that the LTB member was functus officio and could not rescind the initial dismissal order. He also claimed res judicata and issue estoppel applied to the case.
Actions
Tenant claimed he did not receive notice of the rescheduled LTB hearing and that the LTB building was closed due to the pandemic, preventing his attendance.
Procedural Errors
Tenant failed to comply with court-ordered deadlines for submitting appeal materials and did not attend scheduled case conferences.
Aggravating Factors
Tenant failed to pursue appeal diligently and did not comply with court-ordered deadlines for submitting appeal materials.
Decision Summary
The Divisional Court dismissed the tenant's appeal of the LTB order evicting him for non-payment of rent. The court found no procedural unfairness in the LTB proceedings and determined that the tenant had received proper notice of the rescheduled hearing. The tenant's claims about rent increases and loss of rent-geared-to-income assistance were not considered as they had been addressed in a separate judicial review.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
56.3%
Tenant Favorable
25.0%
Mutual Agreement
18.8%
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Financial Details
Rent Arrears
$21,185
Total Owing
$21,185 (Owed to Landlord)
Source
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