Last updated: August 16, 2024
Dispute resolved in
Agreement
Ordered Amount
$11,218
to Landlord
Agree with the ruling?
Citation: Trudelle Court Apartments Limited v. Tracy, 2019 ONSC 3495
File Number: TEL-93215-18-IN
Application Date (Estimate)
Aug 2018
Hearing Date
Jun 2019
Order Date
Jun 5, 2019
We estimate Application Date using rent arrears.
The court allowed the tenant's appeal to proceed on strict conditions, including immediate payment of $6,400 in arrears by June 6, 2019, payment of the remaining $4,818.14 by August 6, 2019, and timely payment of full rent going forward. If the tenant complies with all conditions, the LTB orders will be set aside. If the tenant defaults on any condition, the appeal will be dismissed without notice.
The landlord issued N4 and N8 notices due to the tenant's persistent late rent payments and non-payment of July 2018 rent. The landlord then filed L1 and L2 applications. The tenant appealed the LTB's decisions to terminate the tenancy and order payment of arrears. The landlord moved to quash the appeal.
The landlord argued that the tenant's appeal grounds were devoid of merit as they related to factual determinations and discretionary decisions by the LTB, which are not appealable.
The landlord issued N4 and N8 notices, followed by L1 and L2 applications to the LTB. The landlord also moved to quash the tenant's appeal to the Divisional Court.
The tenant argued that the LTB erred in law by failing to consider his claims under Section 82 of the RTA and his claims against the landlord for breaches of statutory obligations.
The tenant paid rent late each month from January 2018 to June 2018 and failed to pay rent for July 2018. The tenant also failed to comply with the LTB's interim order to pay November 2018 rent into the Board's trust account.
The tenant failed to comply with the LTB's interim order to pay November 2018 rent into the Board's trust account.
Persistent late rent payments and failure to pay rent for several months
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Lawful Rent
$1,040
Rent Arrears
$11,218
Ordered Amount
$11,218 (to Landlord)
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
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Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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