Divisional Court Reviews LTB Eviction: Tulshi v. Vecchio, 2024 ONSC 2181
Divisional Court sets strict payment conditions for tenants appealing LTB eviction order while questioning legal grounds for appeal
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Dispute resolved in
agreement
Balance Owed to Landlord
$20,890
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2023
Hearing Date
Apr 2024
Order Date
Apr 15, 2024
We estimate Application Date using rent arrears.
Dispute Summary
Tenants appealed an LTB eviction order to the Divisional Court. The original eviction order was based on the tenants' breach of a consent order to pay rental arrears. The tenants claim the landlord misrepresented their payment status to the LTB. The court is considering whether the appeal raises a question of law and setting conditions for maintaining the stay of eviction.
Determinations
- Tenants must particularize allegations of error of law
- Tenants must pay significant arrears to maintain stay of eviction
- Court sets strict payment schedule for arrears and ongoing rent
- Failure to meet payment deadlines may result in lifting of stay without notice
Case Study
The court questions whether the tenants' appeal raises a question of law, as required for appeals to the Divisional Court under s. 210 of the Residential Tenancies Act. The judge notes that the issues raised appear to be questions of fact already decided by the LTB. The court is considering whether to quash the appeal for failing to raise a question of law.
Arguments and Actions
Landlord
Actions
Landlord moved without notice to evict tenants for breaching the payment agreement in December 2023.
Tenant
Arguments
Tenants claim the landlord misrepresented their payment status to the LTB when obtaining the eviction order.
Actions
Tenants failed to make five out of seven agreed-upon arrears payments and did not pay rent for January, February, and March 2024.
Aggravating Factors
Failure to adhere to previous payment agreement, accumulation of significant rent arrears
Decision Summary
The court set conditions for maintaining the stay of eviction, including immediate payment of $9,890 in arrears, bringing 2024 monthly rent instalments current, and ongoing payments of $1,978 monthly towards arrears plus $3,650 monthly rent. The court will consider written submissions on whether the appeal raises a question of law before deciding if it should proceed.
Adjudicator Details
Divisional Court
Total Orders
7
Landlord Favorable
71.4%
Tenant Favorable
14.3%
Mutual Agreement
14.3%
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Financial Details
Lawful Rent
$3,650
Rent Arrears
$20,890
Total Owing
$20,890 (Owed to Landlord)
Source
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