Divisional Court Quashes Tenant Appeal in Renée v. 10887609 CANADA INC.: Renée v. 10887609 CANADA INC. 2024
Divisional Court quashes tenant's appeal of LTB eviction orders, lifting stay and allowing enforcement within 30 days
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2023
Hearing Date
Jan 2024
Order Date
Feb 12, 2024
We estimate Application Date using rent arrears.
Dispute Summary
The landlord moved to quash the tenant's appeal of LTB orders terminating her tenancy due to non-payment of rent. The tenant disputed the amount owed and alleged procedural unfairness and lack of accommodation at the LTB hearings. The Divisional Court considered whether the appeal raised valid questions of law and if allowing it to continue would be an abuse of process.
Determinations
- Tenant's appeal does not raise valid questions of law
- LTB made reasonable efforts to accommodate the tenant
- Continuing the appeal with stay of eviction would be an abuse of process
- Tenant has not paid rent or provided plan to remedy arrears
Case Study
The court found that the tenant's appeal did not raise valid questions of law, as most grounds were unconnected to the LTB's factual findings or legal reasoning. The allegations of procedural unfairness were not supported by the record, which showed reasonable accommodation efforts by the LTB. Allowing the appeal to continue with a stay of eviction, while the tenant continued not paying rent, would amount to an abuse of process.
Arguments and Actions
Landlord
Arguments
Landlord argued that the appeal did not raise questions of law and was an abuse of process to avoid paying rent and delay eviction.
Actions
Landlord provided evidence of rent arrears and non-payment since the appeal was filed.
Tenant
Arguments
Tenant alleged breaches of accommodation rights, procedural fairness issues, and errors in the LTB's findings, including the spelling of her name and descriptions of her attendance.
Actions
Tenant did not attend multiple LTB hearings, citing various reasons including telephone malfunctions and lack of accommodation. Tenant characterized the LTB's efforts as 'cruel' and accused them of ableism.
Procedural Errors
Tenant made a late request to cross-examine the landlord's affiant, which was denied by the court.
Aggravating Factors
Tenant has not paid rent since October 2022 and has not provided a plan to remedy the arrears while benefiting from the stay of eviction during the appeal process.
Decision Summary
The Divisional Court quashed the tenant's appeal of the LTB eviction orders, finding it did not raise valid questions of law and allowing it to continue would be an abuse of process. The court lifted the stay of eviction and permitted the landlord to enforce the LTB's order within 30 days.
Adjudicator Details
Divisional Court
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
11.8%
Mutual Agreement
11.8%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,316
Rent Arrears
$8,431
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.