Sterling v. Guillame: Divisional Court Quashes Tenant's Appeal of LTB Eviction Order
Divisional Court quashes tenant's appeal of LTB eviction order, finding abuse of process and lack of legal merit
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$10,000
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Jan 2021
Hearing Date
Feb 2021
Order Date
Feb 22, 2021
Dispute Summary
The Landlord sought to terminate the tenancy and evict the Tenant due to serious impairment of safety and non-payment of rent. The Tenant appealed the LTB's eviction order to the Divisional Court. The Landlord moved to quash the appeal as being without merit and an abuse of process.
Determinations
- Tenant's appeal is an abuse of process
- Appeal does not raise questions of law
- LTB did not err in denying adjournment request
- No denial of procedural fairness or natural justice by LTB
Case Study
The court found that the Tenant's appeal was an abuse of process due to persistent non-payment of rent and failure to comply with LTB orders. The appeal was also found to be without merit as it did not raise any questions of law, which is required for an appeal to the Divisional Court from an LTB decision.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant's appeal was an abuse of process due to persistent non-payment of rent and failure to comply with LTB orders. Landlord also argued the appeal raised no questions of law and should be quashed.
Actions
Landlord changed some locks at the residence while the eviction order was stayed, though this did not prevent Tenant from accessing her unit.
Aggravating Factors
Landlord changed some locks at the residence, which was ill-considered and contrary to law, though it did not prevent Tenant from accessing her unit.
Tenant
Arguments
Tenant argued she was denied procedural fairness when LTB denied her adjournment request and proceeded with the hearing in her absence. Tenant also claimed denial of natural justice because her own applications were not heard alongside the Landlord's.
Actions
Tenant failed to appear at multiple LTB hearings, did not comply with orders to pay rent in trust, and accumulated over $10,000 in rent arrears.
Procedural Errors
Tenant failed to properly serve the Landlord with the notice of motion for contempt as required by the Rules of Civil Procedure.
Aggravating Factors
Tenant has not paid rent since December 2019, accumulating over $10,000 in arrears. Tenant failed to comply with LTB orders to pay rent in trust and to attend hearings.
Decision Summary
The Divisional Court quashed the Tenant's appeal of the LTB eviction order, finding it to be an abuse of process due to persistent non-payment of rent and without merit as it did not raise questions of law. The court lifted the stay on the eviction order. The Tenant's motion for contempt against the Landlord for changing locks was dismissed.
Adjudicator Details
Divisional Court
Total Orders
5
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
Need assistance from an expert?
Sponsored
Financial Details
Rent Arrears
$10,000
Total Owing
$10,000 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.