Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
to Landlord
Agree with the ruling?
Tenancy End Date
Mar 2022
Hearing Date
Apr 2023
Order Date
Apr 26, 2023
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.
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.
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.
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 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.
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.
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.
Tenant made irresponsible and unfounded allegations concerning licensed paralegals and the LTB. Tenant provided inaccurate information about not having access to duty counsel.
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Rent Arrears
$4,733
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