Hazelview Property Services Inc. v. Doucette

Tenant wins · 2022-09-29

Adjudicator

Swinton J.

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Landlord

Hazelview Property Services Inc.

Tenant

C.D., E.B., T.D., P.H., K.E.

Landlord rep

Douglas H. Levitt, Timothy Duggan

Tenant rep

Samuel Mason

What happened

Landlord appealed a Landlord and Tenant Board decision that dismissed their L2 applications for termination due to persistent late payment of rent. The tenants had stopped paying rent on April 1, 2020. The landlord served N4 and N8 notices in July and August 2021 respectively. The Board dismissed the L2 applications as invalid. The appeals were dismissed as moot since the underlying L1 applications had been resolved through Board orders and settlements.

The ruling

The Divisional Court dismissed the landlord's appeals of a Landlord and Tenant Board decision as moot. The underlying L1 applications for non-payment of rent had been resolved through Board orders and settlements after the initial Board decision. The court found no live controversy between the parties and determined that allowing the appeals to continue would require re-litigating resolved issues, which would be an abuse of process.