Trudelle Court Apartments Limited v. Tracy: Divisional Court Ruling on Tenant Appeal
Divisional Court allows tenant appeal to proceed with strict payment conditions, balancing tenant rights and landlord interests
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Unit ****, 30 Trudelle Street, Scarborough, ON M1J1Z2
Dispute resolved in
agreement
Balance Owed to Landlord
$11,218
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2018
Hearing Date
Jun 2019
Order Date
Jun 5, 2019
We estimate Application Date using rent arrears.
Dispute Summary
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.
Determinations
- Tenant's appeal grounds lack merit
- Appeal allowed to proceed on strict conditions
- Tenant must pay significant portion of arrears immediately
- Tenant must pay full rent on time going forward
- Tenant must perfect appeal by deadline if conditions not met
Case Study
The court found that the tenant's grounds for appeal lacked merit as they related to factual determinations and discretionary decisions by the LTB, which are not appealable. However, the court exercised discretion to allow the appeal to proceed on strict conditions, including immediate payment of a significant portion of the arrears.
Arguments and Actions
Landlord
Arguments
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.
Actions
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.
Tenant
Arguments
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.
Actions
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.
Procedural Errors
The tenant failed to comply with the LTB's interim order to pay November 2018 rent into the Board's trust account.
Aggravating Factors
Persistent late rent payments and failure to pay rent for several months
Decision Summary
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.
Adjudicator Details
Divisional Court
Total Orders
12
Landlord Favorable
66.7%
Tenant Favorable
25.0%
Mutual Agreement
8.3%
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Financial Details
Lawful Rent
$1,040
Rent Arrears
$11,218
Total Owing
$11,218 (Owed to Landlord)
Source
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