So v. Canadian Mental Health Association, Toronto Branch

Landlord wins · 2024-06-12

Adjudicator

FL Myers J

Dispute

Eviction, Tenant Rights

Landlord

C.M.H.A.T.B.

Tenant

N.T.S.

Landlord rep

Mark A. Glynn, Ashleigh Graden

Tenant rep

Joseph Kary

What happened

Tenant appealed a Landlord and Tenant Board decision that summarily rejected her request for reconsideration of a consent order terminating her tenancy. The tenant argued that her mental health issues vitiated her consent to the order and that the Board failed to properly inquire into her capacity to consent.

The ruling

The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision to reject her request for reconsideration of a consent order terminating her tenancy. The court found no errors of law or procedural fairness violations in the Board's decision. The tenant was ordered to pay $2,500 in costs to the landlord.