Divisional Court Quashes Tenant Appeal in Sandgecko Inc. v. Ye, 2020: Sandgecko Inc. v. Ye 2020
Divisional Court quashes tenant's appeal of LTB eviction order, finding it devoid of merit and an abuse of process
Summarized by RentZenLast updated: August 16, 2024
Case Summary
70 Harrison Road, Toronto, ON
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2019
Hearing Date
Mar 2020
Order Date
Nov 25, 2020
Dispute Summary
Landlords applied to terminate tenancy and evict Tenant due to non-payment of rent since May 2019. The Landlord and Tenant Board (LTB) ordered termination, which the Tenant appealed to the Divisional Court. The Landlords moved to quash the appeal.
Determinations
- Appeal does not raise questions of law
- Appeal is manifestly devoid of merit
- Appeal is an abuse of process
- Tenant has not paid rent since August 2019
- Tenant did not take steps to perfect appeal or respond to motion
Case Study
The court found that the appeal did not raise any questions of law, which is required for appeals from LTB decisions. The Tenant's grounds for appeal were factual disputes about rent payment and notice receipt, which are not appealable issues. The court also found that the appeal was an abuse of process, as the Tenant had not paid rent for over a year and appeared to be using the appeal solely to delay eviction.
Arguments and Actions
Landlord
Arguments
Landlords argued that appeal should be quashed as it does not raise questions of law and is an abuse of process.
Actions
Landlords initiated proceedings to terminate tenancy in December 2019. Landlords attended LTB hearing on March 12, 2020.
Tenant
Arguments
Tenant claimed it was never served with notice to end tenancy and had no knowledge of hearing notice. Tenant also claimed to have proof of rent payment.
Actions
Tenant stopped paying rent in August 2019. Tenant gave cheques for portions of outstanding rent in October and November 2019, but both cheques bounced.
Procedural Errors
Tenant did not attend LTB hearing, did not file responding materials for appeal, and did not appear at appeal hearing.
Aggravating Factors
Tenant has not paid rent since August 2019, did not attend LTB hearing, and did not participate in appeal process
Decision Summary
The Divisional Court quashed the Tenant's appeal of the LTB eviction order, finding it devoid of merit and an abuse of process. The court vacated the automatic stay of the LTB decision, allowing the Landlords to file the eviction order with the Sheriff as of November 30, 2020. The Tenant was ordered to pay $11,123.44 in costs to the Landlords.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
87.5%
Tenant Favorable
0.0%
Mutual Agreement
12.5%
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Financial Details
Lawful Rent
$6,400
Rent Arrears
$35,175
Application Fee
$175
Other Owed Amount
$210
Daily amount for use of unit after August 5, 2020
Source
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