Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
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Citation: Hazelview Property Services Inc. v. Doucette, 2022 ONSC 5477
File Number: TSL-23785-21, TSL-23787-21, TSL-23788-21 and TSL-23789-21
Hearing Date
Sep 2022
Order Date
Sep 29, 2022
The Divisional Court dismissed the landlord's appeals of a Landlord and Tenant Board decision as moot. The underlying L1 applications for non-payment of rent had been resolved through Board orders and settlements after the initial Board decision. The court found no live controversy between the parties and determined that allowing the appeals to continue would require re-litigating resolved issues, which would be an abuse of process.
Landlord appealed a Landlord and Tenant Board decision that dismissed their L2 applications for termination due to persistent late payment of rent. The tenants had stopped paying rent on April 1, 2020. The landlord served N4 and N8 notices in July and August 2021 respectively. The Board dismissed the L2 applications as invalid. The appeals were dismissed as moot since the underlying L1 applications had been resolved through Board orders and settlements.
Landlord argued for continuation of appeals to obtain possible non-voidable termination order or prompt payment order.
Landlord served N4 notices on July 19, 2021, and N8 notices on August 19, 2021. Landlord opposed tenants' request to hear L1 and L2 applications together.
Tenants requested dismissal of L2 applications as abuse of process or adjournment to hear L1 and L2 applications together.
Tenants stopped paying rent on or about April 1, 2020.
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