2 total
Appeal of LTB eviction dismissed; no procedural fairness breach in denying adjournment or enforcing disclosure rules.
The tenants appealed a Landlord and Tenant Board decision evicting them for non-payment of rent, arguing they were denied procedural fairness when the Board refused their adjournment request.
The tenants claimed the refusal prevented them from presenting repair invoices for set-off and from properly proposing a payment plan.
The Divisional Court dismissed the appeal, finding the Board's refusal of the adjournment was a proper exercise of discretion.
The Court also held that the Board did not err in rejecting the proposed payment plan or in applying its disclosure rules to exclude the repair invoices.
Finally, the Court confirmed that the Board's monetary jurisdiction limit does not apply to the amount of arrears a tenant must pay to void an eviction order.
Motion for default judgment adjourned as the proposed consent order contained factual errors and unresolved issues.
The plaintiffs brought a motion for default judgment in a landlord and tenant dispute involving approximately $300,000 in rent arrears.
The defendants resisted and moved to set aside the noting of default.
On the day of the hearing, the parties presented a proposed consent order to terminate the tenancy and grant a writ of possession.
The court declined to issue the order because it mistakenly stated that one of the defendants had been noted in default, failed to properly identify that defendant, and did not address an outstanding counterclaim.
The motion was adjourned to allow the parties to either argue the motion on its merits or resolve the issues.
