Donato Bratty Investments Ltd. v. Bujtor

Landlord wins · 2023-03-01

Adjudicator

Lococo J.

Dispute

Appeal Of Ltb Decision, Non-payment of Rent

Amount

<$5K

Landlord

Donato Bratty Investments Ltd.

Tenant

M.B., T.B.

Landlord rep

Richard Payne

What happened

Tenants appealed two LTB decisions: (1) an order dated February 19, 2019 terminating their tenancy, and (2) a review decision dated March 25, 2019 dismissing their request for review of the termination order. The tenants argued that the LTB erred in calculating rent arrears, failed to consider previous court costs awards owed to them, and alleged bad faith by the landlord in a previous hearing.

The ruling

The Divisional Court dismissed the tenants' appeal of the LTB decisions, finding no errors of law. The court determined that the tenants' arguments primarily disputed factual findings, which are outside the court's jurisdiction on appeal. The court also ruled that previous cost awards and allegations of bad faith in prior hearings were not relevant to the current appeal. The tenants were ordered to pay $2,000 in costs to the landlord for the appeal.