Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$5,000
to Landlord
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Citation: Rivera v. Eleveld, 2022 ONSC 446
File Number: 181/21
Hearing Date
Jan 2022
Order Date
Jan 19, 2022
The Divisional Court dismissed the tenant's appeal of the LTB decision terminating her tenancy for non-payment of rent. The court agreed with the LTB's interpretation that a property manager can sign a notice of termination as the landlord's agent under s. 43(1) of the RTA, without needing to be licensed to practice law.
Tenant appealed a Landlord and Tenant Board decision terminating her tenancy and evicting her for non-payment of rent. The main issue was whether the landlord's property manager could legally sign the notice of termination as the landlord's agent.
Landlord argued for a broad interpretation of 'agent' in s. 43(1) of the RTA, allowing a property manager to sign notices of termination.
Landlord used a property manager as an agent to sign the notice of termination.
Tenant argued that s. 43(1) of the RTA should be interpreted as requiring an agent signing a notice of termination to be licensed to practice law.
Tenant appealed the LTB decision to terminate her tenancy for non-payment of rent.
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Other Amount
$5,000
Legal costs awarded to Landlord
Ordered Amount
$5,000 (to Landlord)
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