Toronto Community Housing Corp. v. Zelsman
Landlord wins · Toronto · 2017-09-08
- Adjudicator
- R.S.J. Gordon
- Dispute
- Non-payment of Rent, Rent Determination
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- Toronto Community Housing Corp.
- Tenant
- F.Z.
- Landlord rep
- Christine Henderin
- Tenant rep
- Joseph Kary
What happened
The landlord applied to evict the tenant for non-payment of rent. The tenant disputed the amount of rent owed, claiming she should be paying a subsidized rent amount rather than market rent. The Landlord and Tenant Board ruled in favor of the landlord, finding the market rent lease was valid. The tenant appealed to Divisional Court.
The ruling
The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board decision. The court found no errors of law in the Board's ruling that the market rent lease was valid and that the Board lacked jurisdiction to determine eligibility for subsidized rent. The eviction order was upheld, with the tenant required to vacate by October 31, 2017.