Barzi v. Maragos

Landlord wins · 2017-05-23

Adjudicator

Nordheimer J.

Dispute

Maintenance, Non-payment of Rent

Landlord

S.B.

Tenant

D.M., S.S.

Landlord rep

David S. Strashin

What happened

Tenants appealed an LTB order that terminated their tenancy and ordered them to vacate the premises due to rent arrears exceeding $14,000. The LTB had heard competing applications from both parties over six days, finding some failings by the Landlord (resulting in a rent abatement) but also determining that Tenants had failed to pay all due rent.

The ruling

The Divisional Court dismissed the Tenants' appeal of the LTB order that terminated their tenancy and required them to vacate the premises. The court found no errors of law in the LTB's decision, no evidence of bias or procedural unfairness, and no basis to interfere with the LTB's calculation of rent arrears. The appeal was dismissed with costs of $1,500 awarded to the Landlord.