Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$27,565
to Landlord
Agree with the ruling?
Citation: Shearer v. Oz, 2024 ONSC 1723
File Number: DC-23-1351 and DC-23-1351-00JR
Application Date (Estimate)
Aug 2021
Hearing Date
Sep 2023
Order Date
Mar 27, 2024
We estimate Application Date using rent arrears.
The Divisional Court dismissed both the appeal and application for judicial review of the LTB decision. The court found no errors of law, no breach of procedural fairness, and no reasonable apprehension of bias in the LTB's decision. The court upheld the LTB's order for termination of tenancy and eviction due to non-payment of rent, as well as the rent abatements awarded for maintenance issues.
Tenants appealed and sought judicial review of an LTB decision that ordered termination of tenancy and eviction due to non-payment of rent, while also awarding rent abatements for maintenance issues. The Tenants argued the LTB erred in its decision and raised issues of procedural fairness and bias.
Landlords argued that their breaches were not 'serious' under s.83(3) of the RTA and that they had made efforts to address maintenance issues.
Landlords failed to properly maintain the property, particularly regarding heating and insulation issues.
Tenants argued that the LTB erred in interpreting s.83(3) and s.27 of the RTA, failed to properly consider the Human Rights Code, breached natural justice, and showed bias.
Tenants stopped paying rent from December 2020 onwards, even after previously paying arrears to void an eviction order. They vacated the property in July 2019 but retained keys and claimed to still be in possession.
Tenants adopted a highly technical and litigious approach to the LTB proceedings, pursuing trivialities alongside substantial issues.
Tenants failed to pay rent for extended periods, even after bringing arrears up-to-date, and pursued numerous insubstantial arguments before the LTB.
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Lawful Rent
$2,106
Rent Arrears
$54,375
Ordered Amount
$27,565 (to Landlord)
Click to switch between order outcomes
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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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