Abdalla v. Koirala

Landlord wins · Scarborough · 2023-12-19

Adjudicator

Leiper J.

Dispute

Damage to Property, Non-payment of Rent, Personal Use

Landlord

D.K., B.K.

Tenant

A.M., M.T.E., M.M.A., A.M.

Landlord rep

Saba Ahmad

What happened

Landlords sought to terminate tenancy to move back into their house and claimed compensation for damages caused by tenants. Tenants failed to attend the initial LTB hearing, resulting in termination order and damages award. Tenants' review request was dismissed, leading to this appeal to Divisional Court, which was ultimately quashed.

The ruling

The Divisional Court quashed the tenants' appeal of the LTB decision, finding it to be an abuse of process and devoid of merit. The court upheld the LTB's termination order and damages award of $35,000. The tenants were ordered to pay $4,500 in costs to the landlords.