Tenant Wins Appeal Opportunity: Two-Two-Ought-Four Dufferin Limited v. Mitchell, 2019
Divisional Court allows tenant to appeal LTB eviction order, citing potential procedural fairness issues
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Unit ****, 2204 Dufferin Street, Toronto, ON
Decision in favor of
tenant
Balance Owed to Landlord
$1,226
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Sep 2018
Hearing Date
Jan 2019
Order Date
Jan 10, 2019
Dispute Summary
Landlord sought to terminate tenancy due to substantial interference with reasonable enjoyment and overcrowding. Tenant initially agreed to termination but later appealed, claiming lack of understanding and proper representation during the LTB hearing.
Determinations
- The order was not a consent order requiring leave to appeal
- The tenant was not given an opportunity to speak during the LTB hearing
- The Member did not inquire if the tenant understood the order and its consequences
- The appeal is not manifestly devoid of merit or an abuse of process
Case Study
The court found that the tenant should have an opportunity to perfect the appeal to argue that she was denied procedural fairness in the LTB hearing and denied natural justice by the Vice Chair. The court dismissed the landlord's motion to quash the appeal.
Arguments and Actions
Landlord
Arguments
The landlord argued that the tenant's appeal should be quashed because it was an appeal of a consent order and failed to raise a question of law.
Actions
Landlord sought to terminate the tenancy on the basis of substantial interference with reasonable enjoyment and overcrowding.
Tenant
Arguments
The tenant argues she was denied procedural fairness in the LTB hearing and natural justice by the Vice Chair in the review process.
Actions
Tenant initially agreed to termination but later claimed she did not understand what was being agreed to on her behalf. She stated she was waiting to be asked to speak by the board member but no such invitation to participate was extended.
Decision Summary
The Divisional Court dismissed the landlord's motion to quash the tenant's appeal of the LTB order. The court found that the tenant should have an opportunity to perfect her appeal on the grounds of procedural fairness and natural justice. The tenant was ordered to pay $1226.26 within 30 days for past rent and continue paying monthly rent until the appeal is heard.
Adjudicator Details
Divisional Court
Total Orders
2
Landlord Favorable
0.0%
Tenant Favorable
100.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$613
Other Owed Amount
$1,226
August and September 2018 rent
Total Owing
$1,226 (Owed to Landlord)
Source
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