Last updated: August 16, 2024
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Citation: Stenka v. Garten, 2023 ONSC 6120
File Number: DC-142/23
Hearing Date
Oct 2023
Order Date
Oct 30, 2023
The Divisional Court granted the Tenant's appeal of the LTB review decision. The court found that the LTB review process was procedurally unfair because the Member failed to properly determine if there was a serious error in the initial decision before conducting a de novo hearing, and improperly refused to allow cross-examination on a key issue. The matter was remitted back to the LTB for a new review hearing before a different member.
The Landlord filed an application to evict Tenant as an unauthorized occupant after the original tenant moved out. The Landlord and Tenant Board (LTB) initially denied the eviction, but on review ordered the Tenant to vacate. The Tenant appealed the review decision to the Divisional Court.
Landlord argued that Tenant was an unauthorized occupant who should be evicted, and that denying eviction would effectively create a tenancy agreement against the Landlord's wishes.
Landlord made an agreement with the original tenant to pay $18,000 for vacant possession of the unit. Landlord claimed to have contracts to renovate the unit that were prevented by Tenant's continued occupancy.
Tenant argued that the LTB review process was procedurally unfair and that he should be allowed to remain in the unit due to his long-term occupancy.
Tenant had lived in the apartment building for 30 years, initially with his wife who was the superintendent. After his wife moved out in 2010, Tenant moved into a different unit with another tenant and paid half the rent for 9 years. When the other tenant moved out in 2020, Tenant began paying full rent.
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