Last updated: August 16, 2024
Agree with the ruling?
Citation: Zhou v. Cherishome Living, 2020 ONSC 500
File Number: 098/19
Hearing Date
Nov 2019
Order Date
Jan 24, 2020
The Divisional Court dismissed the Tenants' appeal of the Landlord and Tenant Board decisions. The court found that the Board's decisions were questions of mixed fact and law, not appealable under s.210 of the RTA. The court also found no denial of procedural fairness to the Tenants.
Tenants appealed two Landlord and Tenant Board decisions dismissing their applications against the Landlord. The Tenants had filed applications alleging the Landlord's failure to comply with maintenance obligations constituted substantial interference with reasonable enjoyment. The Board dismissed the applications for being filed on the wrong form (T2 instead of T6).
Landlord argued that the Tenants' applications should be dismissed for procedural non-compliance, as they were made on T2 forms but raised maintenance issues that should have been made on T6 forms.
Tenants argued that disrepair is a contravention of s.22 if the disrepair is deliberate, claiming that if a landlord deliberately refuses to do maintenance, it constitutes substantial interference with reasonable enjoyment.
Tenants deliberately chose to file their claims on T2 forms instead of T6 forms, intending to characterize the Landlord's conduct as substantial interference contrary to s.22 of the RTA, rather than disrepair contrary to s.20.
Tenants filed their applications on T2 forms instead of T6 forms, which led to the dismissal of their applications by the Board.
Need assistance from an expert?
Click to switch between order outcomes
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.
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.
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.
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.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.