Court Denies Appeal Extension in Sterling v. Upper Lansdowne Management Eviction Case: Sterling v. Upper Lansdowne Management 2022
Court denies tenant's appeal extension in $11615 rent arrears case, upholding LTB eviction order
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$11,615
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2022
Hearing Date
Oct 2022
Order Date
Oct 14, 2022
Tenancy End Date
Nov 2022
We estimate Application Date using rent arrears.
Dispute Summary
Tenant Adrian Sterling appealed a Landlord and Tenant Board decision ordering his eviction for non-payment of rent. Sterling sought an extension to file his Notice of Appeal after missing the 30-day deadline. The court dismissed his motion, finding no merit to the appeal and ongoing prejudice to the landlord due to significant rent arrears.
Determinations
- Tenant failed to file Notice of Appeal within 30 days
- Delay in filing appeal was less than one month
- Landlord would face ongoing prejudice due to increasing rent arrears
- Tenant's proposed appeal lacked merit on questions of law
- LTB correctly determined it lacked jurisdiction on employment termination
- Eviction was due to non-payment of rent, not employment termination
Case Study
The court found no merit to Sterling's proposed appeal, as it did not raise any questions of law. The Landlord and Tenant Board correctly determined it lacked jurisdiction to rule on the validity of Sterling's employment termination. The eviction was due to non-payment of rent after a new tenancy agreement was formed, not due to the employment termination itself. The court also found no merit in arguments about the lack of a written lease or rent charges during unpaid leave.
Arguments and Actions
Landlord
Arguments
Landlord argued for dismissal of tenant's motion due to lack of merit in the appeal and ongoing prejudice from accumulating rent arrears.
Actions
Landlord terminated tenant's employment on January 27, 2022, after placing him on unpaid leave effective December 10, 2021. Landlord entered into an oral tenancy agreement with tenant after employment termination.
Tenant
Arguments
Tenant argued his employment termination was unlawful due to vaccination requirements violating his religious rights under the Ontario Human Rights Code. He also claimed the landlord refused to provide a written lease agreement after employment termination.
Actions
Tenant failed to pay full rent after employment termination, accumulating significant arrears. Tenant admitted he was not in a position to pay the full monthly rent, stating he would be willing to 'contribute something.'
Procedural Errors
Tenant failed to file Notice of Appeal within the required 30-day period.
Decision Summary
The court dismissed the tenant's motion for an extension to file a Notice of Appeal against the Landlord and Tenant Board's eviction order. The court found no merit to the proposed appeal and ongoing prejudice to the landlord due to significant rent arrears. The tenant was given until November 11, 2022 to vacate the unit, after which the eviction order could be enforced.
Adjudicator Details
Divisional Court
Total Orders
6
Landlord Favorable
50.0%
Tenant Favorable
50.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,001
Rent Arrears
$11,615
Total Owing
$11,615 (Owed to Landlord)
Source
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