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Summarized by RentZenLast updated: October 13, 2024
147 Division St, Welland, ON L3B1A4
Decision in favor of
tenant
Balance Owed
-
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Application Date
Jan 2024
Hearing Date
Aug 2024
Order Date
Sep 17, 2024
The landlord, Star Towers Ltd, filed multiple L2 applications to terminate the tenancies and evict the tenants based on the assertion that it required possession of the rental units for demolition or repair/renovation. The LTB dismissed these applications, finding the N13 notices were invalid. The tenants filed multiple T1, T2 and T6 applications seeking compensation from the landlord. On September 17, 2023, the landlord allegedly began demolition activities while the units were still occupied, leading to the Fire Marshal closing the complex and removing the tenants. The tenants filed T2 applications regarding the landlord's actions. The LTB is now addressing the landlord's non-compliance with previous orders and the tenants' ongoing applications.
Landlord argued it was not reasonably able to participate in the March 8, 2024 hearing.
Landlord claimed the individuals who entered the building on September 17, 2023 were 'vandals' and not authorized by the landlord, despite evidence suggesting otherwise.
Landlord failed to comply with LTB orders, including the March 11, 2024 order to restore the tenants to possession of their units.
Landlord and shareholders exploited corporate structure to avoid liability, ignored LTB orders, and rendered units uninhabitable
Tenants argued the landlord interfered with the supply of electricity and water, and began demolition activities without obtaining an LTB order.
Tenants were removed from their units by the Fire Marshal due to the landlord's demolition activities while the units were still occupied.
The LTB found that the landlord, Star Towers Ltd, and its shareholders, Haroon Rashid, Bushar Rashid and Aniqa Maria Rashid, exploited the corporate structure to avoid liability and disregard the Residential Tenancies Act and LTB orders. The LTB amended the applications to add the shareholders as landlords/respondents and ordered them to make monthly payments to the tenants until the tenants are restored to possession of their units or the applications are resolved. The LTB also directed the landlord and shareholders to provide updates on their efforts to find an investor or purchaser for the complex and the status of their forbearance arrangements with the bank.
LTB Member
140
69.3%
17.9%
12.9%
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Administrative Fine Payable to LTB
$105,000
Fine Payable By: Star Towers Ltd
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