CITATION: Qu v. Toronto Community Housing Corporation, 2020 ONSC 153

DIVISIONAL COURT FILE NO.: 799/18 LANDLORD AND TENANT BOARD FILE NOS.: TSL-86215-17, TSL-97715-18, TSL-97715-18-SA

DATE: 20200108

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

SWINTON, PATTILLO and RAMSAY JJ.

BETWEEN:

LINDA QU Appellant

– and –

TORONTO COMMUNITY HOUSING CORPORATION Respondent

Linda Qu, acting in person

Katie Douglas, for the Respondent

HEARD at Toronto: January 8, 2020

PATTILLO J. (Orally)

1This is an appeal by Ms. Qu from the Order of the Landlord and Tenant Board (the “Board”) dated November 28, 2018 refusing to set aside the Board’s August 1, 2018 Order terminating her tenancy with Toronto Community Housing Corporation.

2The appeal is on a question of law alone pursuant to s. 210 of the Residential Tenancies Act, 2006, S.O. 2006, c. 17 (the “Act”).

3The standard of review is correctness: Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 at paragraph 37.

4By Order of the Board dated February 28, 2018, Ms. Qu was ordered to pay arrears of rent of $9,176 plus $190 filing fee on the basis of $100 per month from April 1, 2018 through to October 1, 2025.

5The arrears arose as a result of a change in Ms. Qu’s rent-geared-to-income (“RGI”) under the Housing Services Act, 2011, S.O. 2011, c. 6.

6Ms. Qu disputed that she owed any money. In the February 28, 2018 decision, the Board declined to deal with her dispute over her RGI on the basis that it had no jurisdiction pursuant to s. 203(a) of the Act.

7Ms. Qu also raised in that hearing, maintenance issues which the Board also declined to deal with on the basis that they were vague and unsubstantiated, and that the landlord had no notice.

8Finally, the Board ordered that if Ms. Qu failed to pay the $100 per month, the landlord could apply without notice to terminate her tenancy. Unfortunately, Ms. Qu did not pay the $100 per month amount. Subsequently, the landlord applied to the Board to terminate the tenancy.

9On August 1, 2018, the Board found that Ms. Qu had not paid the $100 per month as ordered in the February 28, 2018 Order, terminated the tenancy and provided for eviction after August 12, 2018. Ms. Qu then brought a motion to set aside the August 1, 2018 Order.

10The November 28, 2018 Order denying Ms. Qu’s motion notes that Ms. Qu acknowledged that she did not make any payment of the $100 per month as she did not believe she owed the money. The Board also noted that the landlord pursued eviction as a last resort and that it was fair in the circumstances to evict.

11Before us, Ms. Qu again takes issue with the amount of the arrears, disputes that she owes any amount and raises maintenance issues with the landlord. None of those issues are questions of law. More specifically, we are satisfied that the Board made no error of law in respect of the November 28, 2018 Order. The $100 per month payment was ordered by the Board on February 28, 2018 to commence April 1, 2018. Ms. Qu did not appeal that Order. The evidence before the Board on August 1, 2018 was that Ms. Qu did not pay the amount as ordered.

12Before us today, Ms. Qu submits as well that she did not receive the February 28, 2018 Order so she did not know to appeal and did not know its terms. Whether that is so or not, she clearly was aware of the August 1, 2018 termination Order and the reasons for it and did not raise the issue of no notice in her motion to set that Order aside. Having not raised the issue before the Board, she cannot raise it now as a ground of an appeal.

13In conclusion therefore, in our view there was no error of law arising out of the November 28, 2018 Order. The decision of the Board of November 28, 2018 is correct. The appeal is therefore dismissed.

Swinton J.

14I have endorsed the appeal book as follows: “This appeal is dismissed for oral reasons delivered today. No party seeks costs. Order is to go as signed.”

Pattillo J.

I agree _______________________________

Swinton J.

I agree _______________________________

Ramsay J.

Date of Oral Reasons for Judgment: January 8, 2020

Date of Release: January 10, 2020

CITATION: Qu v. Toronto Community Housing Corporation, 2020 ONSC 153

DIVISIONAL COURT FILE NO.: 799/18 LANDLORD AND TENANT BOARD FILE NOS.: TSL-86215-17, TSL-97715-18, TSL-97715-18-SA

DATE: 20200108

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

SWINTON, PATTILLO and RAMSAY JJ.