WESTDALE PROPERTIES v Anazodo
Landlord wins · Toronto · 2025-04-15
- Adjudicator
- Dale Whitmore
- Dispute
- Non-payment of Rent, Serious Error
- Notice
- Non-payment of rent (N4)
- Landlord
- WESTDALE PROPERTIES
- Tenant
- E.A.
- Landlord rep
- A.S. Kassam
What happened
The Tenant requested a review of an eviction order issued for rent arrears. An interim order had previously required the Tenant to pay ongoing rent to the LTB, which he failed to do because he 'did not agree with the order'. Consequently, the hearing Member declined to hear the Tenant's maintenance issues (s. 82). The Tenant argued this refusal was a serious error. The review Member found no serious error, stating the decision was a reasonable exercise of discretion given the Tenant's breach of the interim order, and denied the review request, upholding the original eviction.
The ruling
The Tenant's request to review the eviction order of February 4, 2025, is denied. The Board found no serious error in the original decision. The Member was justified in refusing to hear the Tenant's maintenance claims (s. 82) because the Tenant willfully breached an interim order to pay rent to the LTB. The stay on the original eviction order is lifted immediately.