Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$1,250
to Landlord
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Citation: Singh v. Balogun, 2019 ONSC 609
File Number: Div. Ct. 559/18
Order Date
Jan 24, 2019
The court awarded costs of $1,250 to the landlord, all inclusive of fees, disbursements, and taxes. This was less than the substantial indemnity costs of $8,065.47 requested by the landlord. The court found that while the tenants' appeal lacked merit, a punitive costs award was not warranted as the tenants were entitled to their day in court.
Tenants appealed a Landlord and Tenant Board order terminating their tenancy. Landlord brought a motion to quash the appeal, which was granted by the court. This decision concerns the costs of that motion.
Landlord argued for substantial indemnity costs due to the appeal being meritless, a delaying tactic, and not diligently pursued by the tenants.
Landlord brought a motion to quash the tenants' appeal and sought substantial indemnity costs of $8,065.47.
Tenants argued they properly defended their rights as tenants and should not be punished for seeking access to justice.
Tenants appealed a Landlord and Tenant Board order terminating their tenancy, despite the appeal being on a question of fact or mixed fact and law for which there is no right of appeal.
Tenants filed an appeal on a matter of fact or mixed fact and law, for which there is no right of appeal.
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Other Amount
$1,250
Costs awarded to landlord
Ordered Amount
$1,250 (to Landlord)
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