Tenant's Stay of Eviction Denied: Telan v. Elm Place Inc., 2023 ONSC 4957
Ontario court denies tenant's motion to stay eviction, citing lack of serious legal issue and insufficient evidence of harm
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Feb 2022
Hearing Date
Aug 2023
Order Date
Aug 31, 2023
Dispute Summary
Tenant sought a stay of a Landlord and Tenant Board order dated February 22, 2022, which terminated her tenancy due to non-payment of rent. The tenant had unsuccessfully appealed this order previously and was now appealing two June 2023 LTB orders that dismissed her attempt to void the eviction order.
Determinations
- Tenant failed to raise a serious issue based on a question of law for appeal
- Insufficient evidence provided of irreparable harm to tenant if evicted
- Balance of convenience neutral between parties
- Not in interests of justice to grant a stay of eviction
Case Study
The court found that the tenant failed to raise a serious issue based on a question of law as required for appeals under the Residential Tenancies Act. The tenant's arguments about rent arrears and novation were deemed questions of fact, not law. The court also found insufficient evidence of irreparable harm to the tenant if evicted.
Arguments and Actions
Landlord
Arguments
Landlord argued that the tenant's appeal did not raise a serious issue based on a question of law as required under the Residential Tenancies Act.
Actions
Landlord has been responding to ongoing legal challenges from the tenant since obtaining the original eviction order in February 2022.
Tenant
Arguments
Tenant argued the LTB misapprehended evidence regarding rent arrears, failed to find a novation had occurred, and denied procedural fairness in the original hearing.
Actions
Tenant has been paying rent since October 2022, but often late. Tenant claims to have 'serious health issues that require stability', 'a family to support', and no money to move.
Aggravating Factors
Tenant has engaged in prolonged legal proceedings to delay eviction, including unfounded allegations against the landlord in previous appeals.
Decision Summary
The court dismissed the tenant's motion for a stay of the eviction order. The tenant failed to establish a serious issue to be tried on a question of law, did not provide sufficient evidence of irreparable harm, and the balance of convenience was neutral. The court found it was not in the interests of justice to grant a stay given the prolonged legal proceedings and lack of merit in the appeal.
Adjudicator Details
Superior Court of Justice
Total Orders
3
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
Need assistance from an expert?
Sponsored
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.