Renee v. Simonetti

Landlord wins · Toronto · 2017-01-06

Adjudicator

MARROCCO A.C.J.S.C.

Dispute

Personal Use

Amount

>$20K

Landlord

R.S.

Tenant

D.R.

What happened

Tenant appealed a Landlord and Tenant Board order terminating her tenancy due to the landlord selling the property. The new owner required possession for personal use. The tenant failed to vacate by the termination date and did not pay compensation for continued use. The appeal was quashed due to the tenant's failure to perfect it by ordering necessary transcripts.

The ruling

The Divisional Court quashed the tenant's appeal of the Landlord and Tenant Board order terminating her tenancy. The court found that the tenant failed to properly order transcripts required to perfect the appeal, despite having the means to do so from unpaid rent savings. The tenant was ordered to pay $2,500 in costs to the respondents.