Lerose v. Princess Apartments

Landlord wins · Toronto · 2022-01-03

Adjudicator

Sachs J.

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4)

Landlord

Princess Apartments

Tenant

D.L., F.L.

Landlord rep

Timothy M. Duggan

What happened

The landlord sought to evict the tenants for persistent late payment of rent. The Landlord and Tenant Board (LTB) ordered the tenancy terminated. The tenants appealed the LTB's decision to the Divisional Court, arguing lack of procedural fairness and error in the LTB's exercise of discretion to refuse relief from eviction.

The ruling

The Divisional Court dismissed the tenants' appeal of the LTB's decision to terminate the tenancy due to persistent late payment of rent. The court found no procedural unfairness or error in the LTB's exercise of discretion. The eviction order was upheld, with a 30-day stay from the release of the court's reasons.