Divisional Court Upholds LTB Decision in Wei v. Liu Tenant Rights Case: Wei v. Liu 2022
Divisional Court upholds LTB decision, dismissing tenant's appeal on procedural and legal grounds
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jun 2022
Order Date
Jul 7, 2022
Dispute Summary
Tenant appealed LTB decision dismissing her application alleging harassment, substantial interference with reasonable enjoyment, and withholding vital services by the landlords. The LTB found the tenant's allegations were not established by evidence. The tenant requested a review, which was denied, leading to this appeal to the Divisional Court.
Determinations
- No error of law in LTB decisions
- No breach of procedural fairness
- LTB's findings of fact cannot be appealed
- LTB entitled to deference on procedural decisions
- Tenant declined opportunity to file T6 application
- Member's interruptions were within LTB's power to control process
Case Study
The court found no errors of law in the LTB's decisions and no breach of procedural fairness in the hearing process. The court emphasized that it cannot review findings of fact or mixed fact and law without an error of law, and that the LTB is entitled to deference in procedural matters.
Arguments and Actions
Tenant
Arguments
Tenant argued that the LTB erred by not combining her T2 application with a T6 application and that there was a breach of procedural fairness during the hearing.
Actions
Tenant filed an application alleging harassment, substantial interference with reasonable enjoyment, and withholding of vital services by the landlords.
Procedural Errors
Tenant declined the opportunity to amend her application to include a T6 application for maintenance issues.
Decision Summary
The Divisional Court dismissed the tenant's appeal, affirming the LTB's decision. The court found no errors of law in the LTB's decisions and no breach of procedural fairness in the hearing process. The court emphasized its limited jurisdiction to review only questions of law and the deference owed to the LTB in procedural matters.
Adjudicator Details
Divisional Court
Total Orders
7
Landlord Favorable
85.7%
Tenant Favorable
14.3%
Mutual Agreement
0.0%
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