Last updated: August 16, 2024
Decision in favor of
Landlord
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Citation: Warraich v. Choudhry, 2018 ONSC 1275
File Number: 021/17
Tenancy End Date
Oct 2016
Hearing Date
Jan 2018
Order Date
Feb 28, 2018
The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision to terminate the tenancy and order eviction. The Court found that the Board had jurisdiction to hear the eviction application despite the tenant's claim of ownership in a separate Superior Court action. The Court also found no procedural unfairness in the Board's handling of the matter.
The landlord applied to the Landlord and Tenant Board to evict the tenant for non-payment of rent. The tenant claimed to have a 50% ownership interest in the property and had commenced a separate action in Superior Court regarding this claim. The Board terminated the tenancy and ordered eviction. The tenant appealed the Board's decision to the Divisional Court.
Landlord argued that the Board had jurisdiction to hear the eviction application despite the tenant's claim of ownership in Superior Court.
Landlord served a Notice of Termination on the tenant effective October 31, 2016, due to non-payment of rent between July 1, 2016 and December 31, 2016.
Tenant argued that the Board lacked jurisdiction to hear the eviction application due to the pending Superior Court action regarding property ownership.
Tenant claimed to have a 50% ownership interest in the property and had paid $62,000 to the landlord for such interest. Tenant commenced a separate action in Superior Court seeking determination of alleged ownership interest.
Tenant failed to attend the Board hearing, assuming an adjournment would be granted due to the pending Superior Court action.
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Rent Arrears
$10,893
Rent Deposit
$2,000
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