Divisional Court Upholds LTB Ruling in Zarei v. Afsharian Bad Faith Eviction Case: Zarei v. Afsharian 2023
Divisional Court upholds LTB decision against landlords who misused personal use claim for property sale
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2023
Order Date
Sep 26, 2023
Dispute Summary
Tenants filed an application with the LTB claiming that Landlords misused the process of terminating their tenancy for personal use. The LTB ruled in favor of the Tenants, awarding them compensation. Landlords appealed the LTB decision to the Divisional Court, claiming they did not receive notice of the original LTB hearing.
Determinations
- LTB's finding that Landlords received notice of hearing is a finding of fact not subject to appeal
- Landlords' claim of not receiving email notice due to travel and security settings was not sufficiently corroborated
- Landlords have an obligation to maintain accurate email addresses for LTB communications
- LTB can deem delivered email as proper service and service on one landlord as service on all landlords
- Landlords' use of personal use claim to terminate tenancy for resale purposes is improper
Case Study
The Divisional Court dismissed the appeal, finding that the LTB's determination that the Landlords received notice was a finding of fact not subject to appeal. The court also noted that even if the Landlords' version of events was considered, their actions still constituted improper use of the personal use claim to terminate the tenancy.
Arguments and Actions
Landlord
Arguments
Landlords argued that they did not receive proper notice of the LTB hearing, violating procedural fairness.
Actions
Landlords claimed they did not receive notice of the LTB hearing due to email security settings while traveling abroad.
Procedural Errors
Landlords failed to maintain access to their email account while traveling, which was their designated service address for LTB communications.
Aggravating Factors
Landlords misused the process of terminating tenancy for personal use when their actual intention was to sell the property.
Tenant
Arguments
Tenants argued that Landlords misused the process of terminating tenancy for personal use.
Actions
Tenants left the premises based on Landlords' 'own use' application during summer 2021, when COVID-19 conditions made relocating more difficult.
Decision Summary
The Divisional Court dismissed the Landlords' appeal of the LTB decision. The court found no error in the LTB's conclusion that notice was given to the Landlords, and that the LTB's finding was not subject to appeal. The court also noted that the Landlords' use of a personal use claim to terminate the tenancy for resale purposes was improper.
Adjudicator Details
Divisional Court
Total Orders
19
Landlord Favorable
79.0%
Tenant Favorable
15.8%
Mutual Agreement
5.3%
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