Divisional Court Quashes Tenant's Appeal in Zhou v. Rama 2021: Zhou v. Rama 2021
Divisional Court quashes tenant's appeal of LTB eviction order, citing persistent non-payment and abuse of process
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$10,000
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Sep 2020
Hearing Date
Jun 2021
Order Date
Jun 29, 2021
We estimate Application Date using rent arrears.
Dispute Summary
The Landlord sought to quash the Tenant's appeal of an eviction order made by the Landlord and Tenant Board or alternatively lift the automatic stay on eviction. The Landlord argued that the appeal was devoid of merit and an abuse of process, as the Tenant had not paid rent for over a year.
Determinations
- Appeal is devoid of merit
- Appeal is an abuse of process
- Tenant persistently failed to pay rent without justification
- Procedural fairness concerns do not outweigh lack of merit
Case Study
The court found that while the appeal raised a legitimate issue of procedural fairness, it was ultimately devoid of merit as the Tenant provided no evidence or arguments to show he could have succeeded at the LTB hearing if he had participated. The court also found the appeal to be an abuse of process, as it appeared to be brought solely to obtain an automatic stay of eviction.
Arguments and Actions
Landlord
Arguments
The Landlord argued that the Tenant's appeal was devoid of merit and an abuse of process, brought solely to obtain an automatic stay of eviction.
Actions
The Landlord served an N4 Form on July 1, 2020, after the Tenant failed to pay June 2020 rent. The Landlord then brought an application to the LTB when the Tenant did not pay the required rent.
Tenant
Arguments
The Tenant argued that there were procedural fairness issues with the LTB hearing and defects in the N4 Form. He also suggested that his financial circumstances and a statement by the Premier about not evicting people during the pandemic justified his non-payment of rent.
Actions
The Tenant failed to pay any rent between June 2020 and February 2021, and continued to not pay rent until June 2021, accumulating over $10,000 in arrears.
Aggravating Factors
Persistent non-payment of rent for over a year without justification
Decision Summary
The court quashed the Tenant's appeal of the LTB eviction order, finding it devoid of merit and an abuse of process. The stay on eviction enforcement was lifted, with the Tenant given an opportunity to remain in the unit until August 1, 2021, if July rent was paid by July 1, 2021. Otherwise, eviction could proceed from July 2, 2021. The Tenant was also ordered to pay $5,000 in costs to the Landlord.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
87.5%
Tenant Favorable
0.0%
Mutual Agreement
12.5%
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Financial Details
Lawful Rent
$1,000
Rent Arrears
$10,000
Total Owing
$10,000 (Owed to Landlord)
Source
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