Tenant's Appeal Upheld in Wright v. Lallion 2024 ONSC 2502: Wright v. Lallion 2024
Divisional Court allows tenant's late appeal of $35000 rent arrears eviction to proceed despite landlord's objections
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
tenant
Balance Owed to Landlord
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Apr 2024
Order Date
Apr 29, 2024
Dispute Summary
Tenant appealed two Landlord and Tenant Board orders: an ex parte order terminating the tenancy for non-payment of rent, and a denial of the tenant's request for review. The tenant filed the appeal late and sought an extension of time, which was granted with conditions. The landlord then moved to quash the appeal due to the tenant's non-compliance with court directions.
Determinations
- Tenant's delay in pursuing appeal not inordinate
- Tenant substantially complied with court directions
- Tenant demonstrated commitment to appeal by making monthly payments
- Not in interests of justice to quash appeal
Case Study
The court found that the tenant's delay in pursuing the appeal was not inordinate and that the tenant had substantially complied with the court's directions. The tenant demonstrated commitment to the appeal by making monthly payments to the landlord despite no longer occupying the rental unit. The court determined it was not in the interests of justice to quash the appeal, given the tenant's efforts to move the appeal forward and the scheduled hearing date in July.
Arguments and Actions
Landlord
Arguments
Landlord argued that the appeal should be quashed due to the tenant's delays and non-compliance with court directions.
Actions
Landlord obtained an ex parte order for termination of tenancy due to non-payment of rent. Landlord moved to quash the tenant's appeal due to delays and non-compliance with court directions.
Tenant
Arguments
Tenant argued for an extension of time to file the appeal, citing confusion about hearing dates and demonstrating commitment to the appeal process through continued payments.
Actions
Tenant failed to attend the initial LTB hearing due to confusion about hearing dates. Tenant made late payments in January and February as required by court order. Tenant continued to make $1,000 monthly payments to landlord even after vacating the rental unit.
Procedural Errors
Tenant failed to make reasonable inquiries to clarify confusion about hearing dates. Tenant did not propose a schedule for exchange of materials as required by court order.
Decision Summary
The Divisional Court dismissed the landlord's motion to quash the tenant's appeal of two Landlord and Tenant Board orders. The court found that the tenant's delay was not inordinate and that the tenant had substantially complied with court directions. The appeal is scheduled to proceed with a hearing in July 2024.
Adjudicator Details
Divisional Court
Total Orders
8
Landlord Favorable
75.0%
Tenant Favorable
25.0%
Mutual Agreement
0.0%
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Financial Details
Rent Arrears
$35,000
Other Owed Amount
$1,000
Monthly payment ordered by court during appeal process
Source
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