Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$19,603
to Landlord
Agree with the ruling?
Citation: Homestead Land Holdings Limited v. Gencay, 2023 ONSC 4378
File Number: 183/23
Application Date (Estimate)
Oct 2022
Hearing Date
Jul 2023
Order Date
Jul 26, 2023
Tenancy End Date
Aug 2023
We estimate Application Date using rent arrears.
The Divisional Court granted the Landlord's motion to quash the Tenant's appeal, finding that it raised no questions of law and had no merit. The Tenant was given until August 16, 2023, to find new housing before the eviction order takes effect. The Tenant was also ordered to pay $3,000 in costs to the Landlord in three monthly installments starting September 1, 2023.
The Landlord brought an application to terminate the tenancy due to non-payment of rent. The Landlord and Tenant Board (LTB) issued an order terminating the tenancy unless the Tenant paid the rent arrears. The Tenant filed for a review, which was denied. The Tenant then appealed to the Divisional Court. The Landlord filed a motion to quash the appeal.
Landlord argued that the Tenant's appeal raised no questions of law and sought only to challenge the findings of fact made by the LTB.
Landlord submitted that the records produced by the Tenant 'appeared to be fraudulent' based on discrepancies in the fonts and background.
Tenant argued that he was being accused of committing fraud by producing documents that were not accepted by the LTB.
Tenant claimed to have paid rent and provided electronic e-transfer/bill payment bank records, which were found to be insufficient evidence by the LTB.
Tenant failed to provide corroborative bank statements when given the opportunity by the LTB.
Tenant insisted on having paid rent despite adverse findings of fact by the LTB and failure to provide corroborative evidence.
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Lawful Rent
$1,656
Rent Arrears
$16,603
Other Amount
$3,000
Costs ordered to be paid by Tenant to Landlord
Ordered Amount
$19,603 (to Landlord)
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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