Mauti v. Gibbs
Tenant wins · 2019-05-31
- Adjudicator
- Myers J.
- Dispute
- Maintenance, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- M.M.
- Tenant
- K.G.
- Landlord rep
- David Lees
- Tenant rep
- Eric Morgan
What happened
The landlord appealed two Landlord and Tenant Board decisions that set aside an eviction order and granted relief to the tenant. The initial eviction was due to alleged rent arrears, but the Vice Chair found the landlord had fabricated the arrears claim after the tenant reported poor unit conditions to the city.
The ruling
The Divisional Court dismissed the landlord's appeal of the Landlord and Tenant Board decisions. The court found no errors in the Vice Chair's ruling that set aside the initial eviction order and granted relief to the tenant. The court affirmed that the burden of proof for rent arrears lies with the landlord and that the process met standards of procedural fairness.