Telan v. Elm Place: Divisional Court Upholds LTB Eviction Order
Divisional Court dismisses tenant's appeal, upholding LTB eviction order due to insufficient payment to void the order
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$28,000
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Sep 2023
Hearing Date
Nov 2023
Order Date
Dec 13, 2023
Dispute Summary
Tenant appealed a Landlord and Tenant Board decision dismissing her request to set aside an eviction order and a decision denying her request to review that order. The tenant claimed she was denied procedural fairness and that the Board erred in its conclusions regarding the amount she had paid to void the eviction order.
Determinations
- Tenant was afforded procedural fairness at the LTB hearing
- Board did not err in referencing previous Divisional Court dismissal
- No error of law in Board's conclusion about amount paid by tenant
- Appeal dismissed
Case Study
The court found that the tenant was not denied procedural fairness, as she was given opportunities to present evidence and make submissions. The court also determined that the Board did not err in law when considering the Divisional Court's previous dismissal of the tenant's appeal or in concluding that the tenant had not paid the amount required to void the eviction order. The court emphasized that it does not have jurisdiction to intervene in factual findings unless there is an error of law.
Arguments and Actions
Tenant
Arguments
Tenant argued she was denied procedural fairness, that the Board erred in referencing the previous Divisional Court dismissal, and that the Board erred in concluding she had not paid the required amount to void the order.
Actions
Tenant confirmed paying $8,439.78 since the original eviction order, which was insufficient to void the order.
Procedural Errors
Tenant failed to provide clear evidence of additional payments beyond $8,439.78 during the Board hearing.
Decision Summary
The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision. The court found no denial of procedural fairness and no errors of law in the Board's decision-making process. The eviction order was upheld, and the tenant was required to vacate the unit.
Adjudicator Details
Divisional Court
Total Orders
8
Landlord Favorable
75.0%
Tenant Favorable
25.0%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$28,000
Amount required to void eviction order as of motion date
Total Owing
$28,000 (Owed to Landlord)
Source
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