Morgan v. Domian

Landlord wins · 2022-07-15

Adjudicator

Stewart J.

Dispute

Maintenance, Non-payment of Rent

Landlord

R.D.

Tenant

J.M.

What happened

The Tenant appealed several LTB decisions, including an order terminating her tenancy for non-payment of rent. The Tenant had raised maintenance issues under s. 82 of the RTA, but this application was dismissed when she left the hearing. A separate T6 application by the Tenant regarding maintenance issues remains pending at the LTB.

The ruling

The Divisional Court dismissed the Tenant's appeal of the LTB decisions terminating her tenancy. The court found no errors of law or procedural unfairness, and determined it lacked jurisdiction to review the LTB's factual findings regarding rent arrears. The stay of eviction was lifted, allowing the Landlord to proceed with enforcement.