Divisional Court Quashes Tenant Appeal: Yang v. He, 2020 ONSC 1165
Divisional Court quashes tenant's appeal of LTB eviction order, finding no valid legal grounds
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$2,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Feb 2020
Order Date
Feb 21, 2020
Dispute Summary
Tenant appealed a Landlord and Tenant Board order terminating the tenancy and ordering eviction due to non-payment of rent. The landlord moved to quash the appeal. The Divisional Court quashed the tenant's appeal on the basis that it raised no question of law, as required for appeals from LTB decisions.
Determinations
- Tenant's appeal raised no question of law
- Appeal was manifestly devoid of merit
- Appeal was commenced for purpose of delay and avoiding eviction
- Tenant failed to provide evidence of written request for standard form lease
- Conditions for withholding rent not met
Case Study
The court determined that the tenant's grounds for appeal did not raise questions of law as required by s. 210(1) of the Residential Tenancies Act, 2006. The tenant's arguments about evidence assessment and procedural fairness were found to be challenges to the Board Member's weighing of evidence, not questions of law. The court concluded the appeal was manifestly devoid of merit and commenced for the purpose of delay and avoiding eviction.
Arguments and Actions
Landlord
Arguments
Landlord argued that the tenant's appeal raised no question of law and should be quashed.
Actions
Landlord brought application to terminate tenancy and evict tenant for non-payment of rent.
Tenant
Arguments
Tenant argued she was denied procedural fairness by the Board Member and sought to challenge the Board's assessment of evidence.
Actions
Tenant failed to pay rent arrears and appealed LTB decision without raising valid questions of law.
Procedural Errors
Tenant failed to raise valid grounds for appeal as required by s. 210(1) of the Residential Tenancies Act, 2006.
Aggravating Factors
Tenant appealed LTB decision without valid legal grounds, apparently to delay eviction.
Decision Summary
The Divisional Court quashed the tenant's appeal of the LTB order terminating the tenancy and ordering eviction. The court found the appeal raised no question of law and was manifestly devoid of merit. The stay of the LTB order was lifted, allowing enforcement of the eviction. The tenant was ordered to pay $2,000 in costs to the landlord.
Adjudicator Details
Divisional Court
Total Orders
2
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$2,000
Costs of appeal and motion
Total Owing
$2,000 (Owed to Landlord)
Source
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