Procedural Fairness in Tenant Eviction: Wright v. Lallion, 2024 ONSC 4132
Tenants win appeal for new hearing on $35000 rent arrears due to procedural fairness breach
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
tenant
Balance Owed to Landlord
$35,000
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Feb 2023
Hearing Date
Jul 2024
Order Date
Jul 30, 2024
We estimate Application Date using rent arrears.
Dispute Summary
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.
Determinations
- LTB breached procedural fairness
- Tenants should have been granted a review hearing
- Matter to be returned to LTB for new hearing on rent arrears
Case Study
The court found that the LTB breached procedural fairness by denying the tenants' review request without a hearing, given their explanation for missing the original hearing and the potential for confusion due to multiple hearing notices. The court emphasized that the right to be heard is a fundamental aspect of procedural fairness.
Arguments and Actions
Landlord
Actions
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.
Tenant
Arguments
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.
Actions
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.
Procedural Errors
Tenants missed the July 4, 2023 hearing due to confusion with multiple hearing notices.
Decision Summary
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.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
56.3%
Tenant Favorable
25.0%
Mutual Agreement
18.8%
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Financial Details
Lawful Rent
$1,900
Rent Arrears
$35,000
Total Owing
$35,000 (Owed to Landlord)
Source
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