Snoek v. CMHA Toronto and CAP REIT

Landlord wins · Toronto · 2018-11-01

Adjudicator

C. Horkins J.

Dispute

Damage to Property, Illegal Act, Substantial Interference

Landlord

C.T., C.R.

Tenant

D.N.S.

Landlord rep

Timothy M. Duggan

Tenant rep

Brian Kolenda

What happened

The landlords sought to dismiss the tenant's appeal of an LTB eviction order. The LTB had ordered the tenant's eviction due to deliberately starting a fire in the residential complex, which was deemed an illegal act, a serious impairment to others' safety, and willful damage. The tenant appealed but failed to take further steps to perfect the appeal.

The ruling

The Divisional Court quashed the tenant's appeal of the LTB eviction order, lifted the stay on the eviction order, and directed the court enforcement office to provide the landlords with vacant possession of the rental unit immediately. The court found that the tenant's appeal did not raise a question of law and was without merit.