Divisional Court Dismisses Appeal in Yusheng Cheng v. Toronto Community Housing Corporation: Yusheng Cheng v. Toronto Community Housing Corporation 2024
Divisional Court dismisses tenant's appeal of LTB eviction order, citing lack of legal grounds for appeal
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Jul 29, 2024
Dispute Summary
Tenant appealed an LTB decision that upheld her eviction for violating a prior order requiring her to maintain cleanliness of the rental unit. The tenant sought an extension of time to appeal the LTB's decision to the Divisional Court.
Determinations
- Tenant did not exercise diligence in pursuing appeal rights
- No question of law presented for appeal
- Extension of time to appeal not warranted
Case Study
The court found that the tenant's appeal did not raise a question of law as required for appeals from the LTB to the Divisional Court. The court determined that the tenant's arguments were essentially disagreements with the LTB's weighing of factors and findings of fact, which are not appealable issues.
Arguments and Actions
Landlord
Actions
Landlord had responded promptly to previous refrigerator issues reported by the tenant.
Tenant
Arguments
Tenant argued that the LTB failed to consider all circumstances, including the landlord's alleged failure to maintain and repair the rental unit, when deciding whether to set aside the eviction order.
Actions
Tenant claimed refrigerator issues forced her to store perishables on the balcony and in the bathtub. Tenant had been living in a shelter for 1.5 years due to alleged uninhabitable conditions of the unit.
Procedural Errors
Tenant waited over two months to apply for reconsideration of the LTB order and filed the appeal to Divisional Court two weeks after the 30-day appeal period.
Aggravating Factors
Tenant conceded to violating a prior LTB order regarding unit cleanliness, attempted to hide garbage in the bathtub
Decision Summary
The Divisional Court dismissed the tenant's motion to extend the time to appeal the LTB's eviction order. The court found that the tenant did not exercise diligence in pursuing her appeal rights and did not present a valid question of law for appeal as required by the Residential Tenancies Act.
Adjudicator Details
Divisional Court
Total Orders
7
Landlord Favorable
71.4%
Tenant Favorable
14.3%
Mutual Agreement
14.3%
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