Two-Two-Ought-Four Dufferin Limited v. Mitchell

Tenant wins · Toronto · 2019-01-10

Adjudicator

Backhouse, J.

Dispute

Overcrowding, Substantial Interference

Notice

Notice to End Your Tenancy for Interfering with Others, Damage, or Overcrowding (N5)

Amount

<$5K

Landlord

Two-Two-Ought-Four Dufferin Limited

Tenant

M.M.

Landlord rep

S.M. Korman

Tenant rep

Erica Richler

What happened

Landlord sought to terminate tenancy due to substantial interference with reasonable enjoyment and overcrowding. Tenant initially agreed to termination but later appealed, claiming lack of understanding and proper representation during the LTB hearing.

The ruling

The Divisional Court dismissed the landlord's motion to quash the tenant's appeal of the LTB order. The court found that the tenant should have an opportunity to perfect her appeal on the grounds of procedural fairness and natural justice. The tenant was ordered to pay $1226.26 within 30 days for past rent and continue paying monthly rent until the appeal is heard.