Some interesting cases from 2022

 

As we are nearing the end of 2022, here is a quick overview of some interesting rulings from 2022:

1)

Divisional Court decision "amending the order of the LTB and requiring the Landlord to pay the Tenant $5,000 in general damages for pain and suffering relative to the findings that the Landlord breached ss. 23 and 24 of the RTA". (on top of "$12,242.30 for discontinuance of services, illegal lock-out, harassment, interference and for disposing of the Tenant’s belongings")

Beseiso v. Presendieu, 2022 ONSC 6424 (CanLII), <https://canlii.ca/t/jt1sh>

2)

On a lockout and jurisdiction of the LTB

Minas v. Adler, 2022 ONSC 6706 (CanLII), <https://canlii.ca/t/jt9rs>

3)

A case on accommodation of disability by the tribunal, expedited hearing, viewing evidence at the hearing (Krishna v. Alexandra Park Co-operative, 2022)

Krishna v. Alexandra Park Co-operative, 2022 ONSC 92 (CanLII), <https://canlii.ca/t/jlmn4>

4)

A case on procedural fairness and relief under RTA section 83, based on N8 for persistent late payments (Lerose v. Princess Apartments, 2022)

Lerose v. Princess Apartments, 2022 ONSC 7 (CanLII), <https://canlii.ca/t/jlk0p>

5)

A case on signing a lease as a tenant without taking possession & transfer of occupancy (Wu v. Adler, 2022)

Wu v. Adler, 2022 ONSC 188 (CanLII), <https://canlii.ca/t/jlmxq>

6)

Indicia of an appeal for the purpose of "gaming the system" / abuse of process (Mubarak v. TCHC, 2022)

Mubarak v. Toronto Community Housing Corporation, 2022 ONSC 382 (CanLII), <https://canlii.ca/t/jlrw6>

7)

Illegal eviction using the OPP, contempt of court (MacMillan v. Martin, 2022)

MacMillan v. Martin, 2022 ONSC 357 (CanLII), <https://canlii.ca/t/jlrw7>

8)

Jurisdiction of the SCC if a claim against a former tenant is filed BEFORE September 1, 2021 (Valiant v. Paulauskas, 2022)

Valiant Rental Properties Ltd. v Paulauskas, 2022 CanLII 1996 (ON SCSM), <https://canlii.ca/t/jltjq>

9)

A recent case on validity of a notice of termination signed by an unlicensed agent (Rivera v. Eleveld, 2022)

Rivera v. Eleveld, 2022 ONSC 446 (CanLII), <https://canlii.ca/t/jlwjb>

10)

A clause limiting occupancy ruled inconsistent with the Act (White v. Upper Thames River Conservation Authority, 2022)

White et al. v. Upper Thames River Conservation Authority, 2020 ONSC 7822 (CanLII), <https://canlii.ca/t/jc650>

11)

Can one file against occupants for nuisance at the Condominium Authority Tribunal? (Diwa v. Toronto Standard Condo Corp No. 2166, 2022)

Diwa v. Toronto Standard Condominium Corporation No. 2166 et al., 2022 ONCAT 14 (CanLII), <https://canlii.ca/t/jmh93>

12)

A case on alleged breach of contract / failure to provide vacant possession (Lees v. Ahmadi, 2022)

LEES v. AHMADI et al, 2022 ONSC 1114 (CanLII), <https://canlii.ca/t/jmht0>

13)

A case about restoring possession pending disposition of an appeal / Guillaume v. Barney Rivers Investments Inc., 2022

Guillaume v. Barney Rivers Investments Inc., 2022 ONSC 1123 (CanLII), <https://canlii.ca/t/jmkds>

14)

Does the Board have to hear related landlord and tenant applications together? ~$45,000 in rent arrears and abuse of process (Capreit v. Veiga, 2022)

Capreit v. Veiga, 2022 ONSC 958 (CanLII), <https://canlii.ca/t/jmkdf>

15)

Case on shared bathroom / kitchen with the owner (McKnight v. Kirk, 2022)

McKnight v. Kirk, 2022 ONSC 3617 (CanLII), <https://canlii.ca/t/jqbll>

16)

Refused stay of an N12-based eviction order pending leave to appeal (Pannone v. Peacock, 2022 ONCA 520)

Pannone v. Peacock, 2022 ONCA 520 (CanLII), <https://canlii.ca/t/jsd5d>

17)

Snow removal requirement leading to constructive discrimination

Scocchia v. Sokol, 2022 HRTO 1418 (CanLII), <https://canlii.ca/t/jt96w>

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