Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$21,185
to Landlord
Agree with the ruling?
Citation: Ramlal Hemchand v. Toronto Community Housing Corporation, 2023 ONSC 5777
File Number: 690/21
Application Date
Aug 2021
Hearing Date
Oct 2023
Order Date
Oct 18, 2023
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.
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.
Landlord sought dismissal of the appeal for delay due to tenant's failure to comply with court-ordered deadlines.
Landlord provided evidence that notice of the rescheduled hearing was mailed to the tenant, including information about using Public Access Terminals.
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.
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.
Tenant failed to comply with court-ordered deadlines for submitting appeal materials and did not attend scheduled case conferences.
Tenant failed to pursue appeal diligently and did not comply with court-ordered deadlines for submitting appeal materials.
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Rent Arrears
$21,185
Ordered Amount
$21,185 (to Landlord)
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