Tataw v. Minto Apartment L.P.

Landlord wins · 2023-08-03

Adjudicator

D.L. Corbett J.

Dispute

Non-payment of Rent, Persistent Late Payment

Landlord

Minto Apartment Limited Partnership

Tenant

G.T.

Landlord rep

Martin Zarnett

Tenant rep

Mercy Tataw

What happened

Tenant appealed LTB eviction order to Divisional Court. Landlord had filed two LTB applications - one for persistent late rent payment and another for non-payment of rent. Tenant was evicted based on the non-payment application. Tenant sought to set aside eviction order and be restored to the unit or another unit.

The ruling

The Divisional Court dismissed the tenant's appeal of the LTB eviction order. The court found no reversible error in the LTB decision. The eviction had already been carried out and the unit re-rented before any stay was in place, so the tenant could not be restored to the unit. The court has no authority to order the tenant be given a different unit. The landlord was entitled to pursue separate applications for persistent late payment and non-payment of rent. There was no procedural unfairness in denying an adjournment for the tenant to obtain bank records.