Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$5,000
to Landlord
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Citation: Zareski v. Umar, 2022 ONSC 356
File Number: HOL-10095-21
Hearing Date
Jan 2022
Order Date
Jan 19, 2022
The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision to terminate the tenancy. The Court found no error of law in the Board's decision. The eviction order was upheld but enforcement delayed until March 1, 2022, considering current rent status, presence of a young child, and public health circumstances.
Landlord applied to terminate tenancy due to persistent late payment of rent over 13 months and for personal use of the unit by the landlord's husband's parents. Tenant appealed the Landlord and Tenant Board's decision to terminate the tenancy.
Landlord argued against adjournment, citing potential prejudice and lack of overlap between applications.
Landlord provided evidence of persistent late rent payments and requirement of the unit for use by family members.
Tenant argued for an adjournment to have his separate application heard concurrently with the landlord's applications.
Tenant did not attend the original Board hearing, citing inability to get time off work. Tenant filed a separate application alleging harassment by the landlord in December 2020.
Tenant failed to provide documentary evidence to support claim of inability to attend hearing.
Persistent late payment of rent over 13 months
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Other Amount
$5,000
Costs payable to respondent
Ordered Amount
$5,000 (to Landlord)
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