Swingler and Yoga v. Shapiro

Split/Other wins · 2021-02-01

Adjudicator

Firestone RSJ

Dispute

Late Payment Of Rent, Non-payment of Rent, Termination of Tenancy

Landlord

A.S.

Tenant

M.S., G.O.Y.

Landlord rep

Stuart O'Connell

Tenant rep

Miguna Miguna

What happened

Tenants appealed two Landlord and Tenant Board orders: one terminating their tenancy for late payment of rent, and another interim order upholding the termination but remitting the issue of rent owed back to the Board. Tenants argue they were not given a fair opportunity to present evidence of payments and disability.

The ruling

The Divisional Court adjourned the appeal to allow the Appellants to properly file the hearing transcripts. The court determined that without a complete record of the proceedings under appeal, it cannot fairly determine the issues raised, particularly those related to procedural fairness.