Ali v. Toronto Community Housing Corporation

Landlord wins · Toronto · 2019-06-27

Adjudicator

Backhouse J.

Dispute

Eviction, Non-payment of Rent

Landlord

T.C.H.C.

Tenant

J.A.

Landlord rep

Katie Douglas

Tenant rep

Jacob de Klerk

What happened

Tenant appealed LTB orders for eviction due to rent arrears and breach of mediated repayment agreement. Tenant was evicted and sought to set aside the eviction order, claiming illegal lockout. LTB denied the set-aside motion and dismissed tenant's T2 application. Tenant appealed to Divisional Court.

The ruling

The Divisional Court dismissed the tenant's appeal of the LTB orders. The court found no error of law in the LTB's decision not to set aside the eviction order, ruling that the LTB reasonably exercised its discretion under section 78(11) of the Residential Tenancies Act. The court held that the LTB's decision was reasonable and entitled to deference, considering the tenant's multiple breaches of the mediated agreement and ongoing arrears.