Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
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to Landlord
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Citation: Renée v. 10887609 CANADA INC., 2024 ONSC 917
File Number: Court File No.: 462/23
Application Date (Estimate)
Aug 2023
Hearing Date
Jan 2024
Order Date
Feb 12, 2024
We estimate Application Date using rent arrears.
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.
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.
Landlord argued that the appeal did not raise questions of law and was an abuse of process to avoid paying rent and delay eviction.
Landlord provided evidence of rent arrears and non-payment since the appeal was filed.
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.
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.
Tenant made a late request to cross-examine the landlord's affiant, which was denied by the court.
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.
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Lawful Rent
$1,316
Rent Arrears
$8,431
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Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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