Khani v. Zhang
Landlord wins · North York · 2019-02-26
- Adjudicator
- Mullins J.
- Dispute
- Maintenance, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- R.Z.
- Tenant
- M.K.
- Landlord rep
- Timothy Duggan
- Tenant rep
- Neal Altman
What happened
The landlord applied to terminate the tenancy and evict the tenant for non-payment of rent. The tenant did not attend the initial LTB hearing, resulting in a termination order. The tenant then requested a review of the order, claiming she did not receive notice of the hearing and had defenses related to maintenance issues and reimbursement of expenses. The LTB dismissed the review request without a hearing. The tenant appealed to Divisional Court.
The ruling
The Divisional Court dismissed the tenant's appeal of the LTB's decision not to review the termination order. The court found that the LTB's decision to dismiss the review request without a hearing was reasonable and within the range of acceptable outcomes based on the evidence and applicable law.