Liverpool Road Limited Partnership v Smith
Last updated: October 12, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Liverpool Road Limited Partnership v Smith, 2026 ONLTB 54066, LTB-L-042441-26
File Number: LTB-L-042441-26
Timeline
Hearing Date
Jul 2026
Order Date
Jul 13, 2026
Tenancy End Date
Jul 2026
Decision
The Landlord's application for termination and payment of utility arrears is granted. The tenancy is terminated effective July 31, 2026, and the Tenant is ordered to pay $2,008.37 in unpaid utility costs and filing fees.
Dispute
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to substantial interference resulting from unpaid water utility bills, which were transferred to the property tax bill. The Landlord also claimed compensation for unpaid utilities and filing costs.
Determinations
- The request to combine files with two separate L1 applications was denied as they involve different legal tests and separate tenancies.
- The Tenant's request for an adjournment to secure new counsel was denied as it was not necessary for a fair hearing.
- The Landlord proved on a balance of probabilities that the Tenant substantially interfered with the Landlord's rights by failing to pay water utility costs as required under the tenancy agreement.
- The Landlord's amended application to increase the claim for unpaid water utility to $1,822.37 was properly served and accepted.
- Relief from eviction was considered under s. 83, but a payment plan was denied due to the Tenant's lack of income, though eviction was postponed to July 31, 2026.
Landlord's Arguments
Arguments
Submitted that the Tenant substantially interfered with the Landlord's rights by failing to pay utility costs, resulting in financial prejudice if adjourned.
Actions and Evidence
The Landlord's Agent testified that the unpaid water bill of $1,822.37 was transferred to the property tax bill and that multiple discussions with the Tenant yielded no results.
Considerations
Tenant's Arguments
Arguments
Submitted that files should be combined due to overlapping facts and the same parties, and requested an adjournment to secure new counsel.
Actions and Evidence
The Tenant requested an adjournment and to combine files because his counsel was suspended. The Tenant acknowledged he had not paid the water bill and was responsible for it under the lease.
Considerations
Failure to pay utility costs resulting in transfer to property tax billLack of viable income for proposed payment plan
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Old Oak Properties Inc. v Last
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The LTB dismissed claims for substantial interference and overcrowding, noted rent arrears were paid, found persistent late payment, and granted relief from eviction subject to conditions.
Windsor Essex Community Housing Corporation v Shat
An LTB order conditionally dismissed an eviction application for substantial interference due to excessive emails, requiring the tenant to use formal complaint procedures and pay filing costs.
Old Oak Properties Inc. v Last
The Landlord established substantial interference due to excessive communications, but relief from eviction was granted allowing the tenancy to continue on conditions.
The LTB granted a conditional tenancy order allowing relief from eviction after finding that the Tenants substantially interfered with the Landlord's rights by parking on the lawn, subject to strict conditions and payment of filing costs.
McFarland v Smith
The LTB dismissed claims for substantial interference and overcrowding, noted rent arrears were paid, found persistent late payment, and granted relief from eviction subject to conditions.
Windsor Essex Community Housing Corporation v Shat
An LTB order conditionally dismissed an eviction application for substantial interference due to excessive emails, requiring the tenant to use formal complaint procedures and pay filing costs.
The LTB terminated the tenancy and ordered eviction because the Tenant persistently interfered with the reasonable enjoyment of other occupants through excessive noise and property damage.
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London Property Corp v Strojek
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