Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
$35,000
to Landlord
Agree with the ruling?
Application Date (Estimate)
Feb 2023
Hearing Date
Jul 2024
Order Date
Jul 30, 2024
We estimate Application Date using rent arrears.
The Divisional Court granted the tenants' appeal, finding that the LTB breached procedural fairness by denying their review request without a hearing. The court ordered the matter to be returned to the LTB for a new hearing on the issue of rent arrears before a different Member. The eviction order was no longer at issue as it had already been enforced.
The landlord filed applications to terminate the tenancy and collect rent arrears. The tenants appealed the LTB's decision to terminate the tenancy and order payment of over $35,000 in arrears, which was made in their absence. The tenants also challenged the LTB's denial of their review request. The Divisional Court granted the appeal on procedural fairness grounds and ordered a new hearing on the issue of rent arrears.
Landlord initiated an LTB process to terminate the tenancy for personal use in May 2022, which was neither pursued nor abandoned. In September 2022, the landlord gave notice of a rent increase from $1,900 to $5,000 per month.
Tenants argued that they were denied procedural fairness when the LTB refused their review request without a hearing, despite their explanation for missing the original hearing.
Tenants stopped paying rent after a dispute about a rent increase from $1,900 to $5,000 per month. They missed the July 4, 2023 hearing due to confusion with multiple hearing notices.
Tenants missed the July 4, 2023 hearing due to confusion with multiple hearing notices.
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Lawful Rent
$1,900
Rent Arrears
$35,000
Ordered Amount
$35,000 (to Landlord)
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