Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
$1,226
to Landlord
Agree with the ruling?
Tenancy End Date
Sep 2018
Hearing Date
Jan 2019
Order Date
Jan 10, 2019
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.
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.
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.
Landlord sought to terminate the tenancy on the basis of substantial interference with reasonable enjoyment and overcrowding.
The tenant argues she was denied procedural fairness in the LTB hearing and natural justice by the Vice Chair in the review process.
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.
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Lawful Rent
$613
Other Amount
$1,226
August and September 2018 rent
Ordered Amount
$1,226 (to Landlord)
Click to switch between order outcomes
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