Aghazarian v. Cena

Landlord wins · 2017-06-30

Adjudicator

Kiteley J.

Dispute

Harassment, Illegal Entry, Substantial Interference

Amount

$5-10K

Landlord

W.C.

Tenant

V.A.

Landlord rep

Marshall Reinhart

Tenant rep

Lisa M. Carr

What happened

Tenant filed a T2 application claiming the Landlord illegally entered the rental unit, substantially interfered with reasonable enjoyment, and harassed the Tenant. The Landlord appealed two LTB orders, arguing she was not given proper notice of the hearing and was denied natural justice.

The ruling

The Divisional Court allowed the Landlord's appeal and set aside the LTB order dated December 15, 2015. The court found that the Landlord was denied procedural fairness as she was not given proper notice of the LTB hearing. Additionally, the court ruled that the LTB exceeded its jurisdiction in making orders related to the return of the Tenant's dog. The Tenant was ordered to pay $7,000 in appeal costs to the Landlord.