Evictly

WESTDALE PROPERTIES v Anazodo

Landlord wins · Toronto · 2025-04-15

Adjudicator
Dale Whitmore
Dispute
Non-payment of Rent, Serious Error
Notice
Non-payment of rent (N4)
Landlord
WESTDALE PROPERTIES
Tenant
E.A.
Landlord rep
A.S. Kassam

What happened

The Tenant requested a review of an eviction order issued for rent arrears. An interim order had previously required the Tenant to pay ongoing rent to the LTB, which he failed to do because he 'did not agree with the order'. Consequently, the hearing Member declined to hear the Tenant's maintenance issues (s. 82). The Tenant argued this refusal was a serious error. The review Member found no serious error, stating the decision was a reasonable exercise of discretion given the Tenant's breach of the interim order, and denied the review request, upholding the original eviction.

The ruling

The Tenant's request to review the eviction order of February 4, 2025, is denied. The Board found no serious error in the original decision. The Member was justified in refusing to hear the Tenant's maintenance claims (s. 82) because the Tenant willfully breached an interim order to pay rent to the LTB. The stay on the original eviction order is lifted immediately.