Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Zarei v. Afsharian, 2023 ONSC 5317
File Number: 22-1332
Hearing Date
Sep 2023
Order Date
Sep 26, 2023
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.
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.
Landlords argued that they did not receive proper notice of the LTB hearing, violating procedural fairness.
Landlords claimed they did not receive notice of the LTB hearing due to email security settings while traveling abroad.
Landlords failed to maintain access to their email account while traveling, which was their designated service address for LTB communications.
Landlords misused the process of terminating tenancy for personal use when their actual intention was to sell the property.
Tenants argued that Landlords misused the process of terminating tenancy for personal use.
Tenants left the premises based on Landlords' 'own use' application during summer 2021, when COVID-19 conditions made relocating more difficult.
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