Shearer v. Oz

Landlord wins · 2024-03-27

Adjudicator

D.L. Corbett J.

Dispute

Maintenance, Non-payment of Rent, Substantial Interference

Amount

>$20K

Landlord

E.O., J.O.

Tenant

C.R.S., J.S.

Landlord rep

Howard Stern

What happened

Tenants appealed and sought judicial review of an LTB decision that ordered termination of tenancy and eviction due to non-payment of rent, while also awarding rent abatements for maintenance issues. The Tenants argued the LTB erred in its decision and raised issues of procedural fairness and bias.

The ruling

The Divisional Court dismissed both the appeal and application for judicial review of the LTB decision. The court found no errors of law, no breach of procedural fairness, and no reasonable apprehension of bias in the LTB's decision. The court upheld the LTB's order for termination of tenancy and eviction due to non-payment of rent, as well as the rent abatements awarded for maintenance issues.