Wright v. Lallion

Tenant wins · 2024-07-30

Adjudicator

Matheson J.

Dispute

Non-payment of Rent, Termination of Tenancy

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

J.L.

Tenant

M.W., G.D.

Tenant rep

Zev Wise

What happened

The landlord filed applications to terminate the tenancy and collect rent arrears. The tenants appealed the LTB's decision to terminate the tenancy and order payment of over $35,000 in arrears, which was made in their absence. The tenants also challenged the LTB's denial of their review request. The Divisional Court granted the appeal on procedural fairness grounds and ordered a new hearing on the issue of rent arrears.

The ruling

The Divisional Court granted the tenants' appeal, finding that the LTB breached procedural fairness by denying their review request without a hearing. The court ordered the matter to be returned to the LTB for a new hearing on the issue of rent arrears before a different Member. The eviction order was no longer at issue as it had already been enforced.