Divisional Court Upholds Eviction: Weiss v. 3501973 Canada Inc., 2021 ONSC 5547
Divisional Court upholds LTB eviction order for retirement home tenant due to substantial interference
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$190
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Oct 2020
Hearing Date
Aug 2021
Order Date
Aug 16, 2021
Dispute Summary
Landlord applied to terminate tenancy and evict Tenant due to substantial interference with reasonable enjoyment of the residential complex. The Landlord and Tenant Board (LTB) ordered termination of tenancy. Tenant appealed to Divisional Court.
Determinations
- LTB's finding of substantial interference was supported by evidence
- No procedural unfairness in LTB hearing
- LTB properly considered COVID-19 pandemic in eviction order
- Appeal dismissed
Case Study
The Divisional Court found no reviewable error of law in the LTB's decision and no failure of procedural fairness. The Court held that the LTB's finding of substantial interference was a question of mixed fact and law, not subject to appeal under the RTA. The Court also found no procedural unfairness in the LTB's conduct of the hearing or consideration of evidence.
Arguments and Actions
Landlord
Arguments
Landlord argued that Tenant's conduct constituted substantial interference with reasonable enjoyment of the residential complex.
Actions
Landlord served two N5 notices to the Tenant for substantial interference with reasonable enjoyment of the premises.
Tenant
Arguments
Tenant argued that the LTB proceedings were retaliatory due to a complaint filed against the Landlord with the Retirement Homes Regulatory Authority.
Actions
Tenant called staff 'incompetent' and 'stupid', and referred to another tenant as a 'fat ass person'. Tenant sent demeaning and insulting emails to staff.
Aggravating Factors
Persistent rude and insulting conduct towards staff and other tenants, creating a poisoned work environment
Decision Summary
The Divisional Court dismissed the Tenant's appeal of the LTB decision ordering termination of tenancy and eviction. The Court found no reviewable error of law or procedural unfairness in the LTB's decision. The eviction order was upheld, with the Tenant given 90 days from August 12, 2021 to vacate the unit.
Adjudicator Details
Divisional Court
Total Orders
7
Landlord Favorable
57.1%
Tenant Favorable
42.9%
Mutual Agreement
0.0%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$190
Total Owing
$190 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.