Magnacca v. Zoppo

Tenant wins · Toronto · 2022-10-04

Adjudicator

Backhouse J.

Dispute

Illegal Act, Substantial Interference

Landlord

M.C.E.Z.

Tenant

A.M.

Tenant rep

Hugh Scher

What happened

The landlord applied to terminate the tenancy and evict the tenant due to serious impairment of safety and willful damage to the residential premises. The LTB initially ordered termination, which the tenant appealed. The Divisional Court allowed the appeal due to lack of proper notice, setting aside the eviction order and ordering an expedited consolidated hearing for all pending matters between the parties.

The ruling

The Divisional Court allowed the tenant's appeal, setting aside the LTB's eviction order due to lack of proper notice. The court ordered an expedited 5-day hearing to be held by November 30, 2022, consolidating all pending proceedings between the parties. The court emphasized the importance of procedural fairness and proper notice in tenancy dispute resolutions.