Telan v. Elm Place Inc.: Divisional Court Upholds LTB Eviction Order
Divisional Court dismisses tenant's appeal, upholding LTB eviction order for non-payment of rent
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Mar 2022
Hearing Date
Apr 2023
Order Date
Apr 26, 2023
Dispute Summary
Tenant appealed LTB decision terminating tenancy for non-payment of rent. Tenant claimed she was denied natural justice and LTB failed to consider certain RTA provisions. Divisional Court dismissed the appeal, finding no errors of law in LTB's decision.
Determinations
- Tenant was properly served notice of LTB hearing
- Tenant knew about hearing but failed to attend
- No evidence of landlord misleading LTB
- Tenant was given opportunity to consult duty counsel
- LTB's findings of fact not appealable
- No merit to grounds of appeal
Case Study
The court found no errors of law in the LTB's decision. The tenant's claims of RTA breaches were not raised at the LTB hearing and could not be raised on appeal. The court found the LTB properly considered relevant factors and followed proper procedures.
Arguments and Actions
Landlord
Arguments
Landlord argued that the tenant was properly served with Notice of Hearing and was aware of the hearing date. Landlord denied advising the tenant not to attend the hearing.
Actions
Landlord served N4 Notice on September 9, 2021, demanding payment of $1,658.30 by September 23, 2021. Landlord filed L1/L9 Application on February 3, 2022, indicating rental arrears of $4,733.20.
Tenant
Arguments
Tenant argued she was not reasonably able to participate in the initial hearing because she did not receive a Notice of Hearing and was told by the landlord's representative that she did not need to attend. Tenant claimed the LTB ignored alleged breaches of the RTA by the landlord.
Actions
Tenant lost her full-time job in September 2021 and went into rent arrears. Tenant did not attend the initial LTB hearing on February 10, 2022. Tenant waited 6 weeks after the hearing to file a request for review.
Procedural Errors
Tenant failed to attend the initial LTB hearing despite being aware of it. Tenant waited 6 weeks after the hearing to file a request for review.
Aggravating Factors
Tenant made irresponsible and unfounded allegations concerning licensed paralegals and the LTB. Tenant provided inaccurate information about not having access to duty counsel.
Decision Summary
The Divisional Court dismissed the tenant's appeal of the LTB decision terminating her tenancy. The court found no errors of law in the LTB's decision and determined that the tenant's claims of RTA breaches were not raised at the LTB hearing and could not be raised on appeal. The court lifted the stay on the eviction order and awarded costs of $2,500 to the landlord.
Adjudicator Details
Divisional Court
Total Orders
13
Landlord Favorable
61.5%
Tenant Favorable
38.5%
Mutual Agreement
0.0%
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Financial Details
Rent Arrears
$4,733
Source
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