Ledoux v. Yabibal

Landlord wins · 2022-01-18

Adjudicator

Lederer J.

Dispute

Maintenance, Non-payment of Rent

Amount

>$20K

Landlord

A.Y.

Tenant

N.J.L.

Landlord rep

David R. Conway

Tenant rep

Kevin M.A. Laforest, Renee Griffin

What happened

Tenant appealed a Landlord and Tenant Board decision that denied her the opportunity to raise maintenance issues during a hearing for non-payment of rent. The tenant was significantly in arrears, owing over $30,000 in rent. The landlord had applied for an order to terminate the tenancy and evict the tenant. The tenant attempted to raise maintenance issues under section 82(1) of the Residential Tenancies Act but failed to provide the required 5 days' notice, submitting the notice only 4 days before the hearing.

The ruling

The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision. The court found that the Board did not err in refusing to allow the tenant to raise maintenance issues due to late notice. The tenant's interpretation of time limit rules was rejected. The court also found the Board's exercise of discretion reasonable and sufficiently explained. The tenant remains in arrears of over $30,000 in rent but may still seek rent abatement under section 29(1) of the Residential Tenancies Act.