Paying Rent into the Board (LTB): Difference between revisions
(Created page with "Category:Payment of Rent (LTB) {{Citation: | categories = [Payment of Rent (LTB)] | shortlink = }} ==Limbada et al v 2491364 Ontario Inc, 2024 ONLTB 74668 (CanLII)<ref name="Limbada"/>== <ref name="Limbada">Limbada et al v 2491364 Ontario Inc, 2024 ONLTB 74668 (CanLII), <https://canlii.ca/t/k78st>, retrieved on 2024-10-26</ref> ==References==") |
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==Limbada et al v 2491364 Ontario Inc, 2024 ONLTB 74668 (CanLII)<ref name="Limbada"/>== | ==Limbada et al v 2491364 Ontario Inc, 2024 ONLTB 74668 (CanLII)<ref name="Limbada"/>== | ||
38. In my view, paragraph 195(1)(b) of the RTA should be used only where: (a) the tenant is able to establish an arguable case for a rent abatement; and (b) there is a risk the tenant will not be able to recover from the landlord any abatement that is ultimately awarded by the LTB. I am also of the view that if a tenant establishes that it is appropriate for the LTB to order that rent be paid to the LTB in trust, the amount of the rent the LTB orders be paid into trust should be determined by the LTB based on the, among other things: (a) issues raised by the tenant and the abatement the tenant is asking for on the application; and (b) any arrears owed by the tenant. | |||
39. In this case, I am, as described below, the Tenants have established a strong prima facie case the Landlord breached subsection 20(1) and I am prepared to say, without deciding the matter, that it is likely some abatement will be awarded. The Tenants did not, however, establish that there is any risk that they will be unable to recover any rent abatement that might ultimately be awarded to them. | |||
Latest revision as of 23:19, 26 October 2024
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-23 |
| CLNP Page ID: | 2432 |
| Page Categories: | [Payment of Rent (LTB)] |
| Citation: | Paying Rent into the Board (LTB), CLNP 2432, <https://rvt.link/dq>, retrieved on 2024-11-23 |
| Editor: | Sharvey |
| Last Updated: | 2024/10/26 |
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Limbada et al v 2491364 Ontario Inc, 2024 ONLTB 74668 (CanLII)[1]
38. In my view, paragraph 195(1)(b) of the RTA should be used only where: (a) the tenant is able to establish an arguable case for a rent abatement; and (b) there is a risk the tenant will not be able to recover from the landlord any abatement that is ultimately awarded by the LTB. I am also of the view that if a tenant establishes that it is appropriate for the LTB to order that rent be paid to the LTB in trust, the amount of the rent the LTB orders be paid into trust should be determined by the LTB based on the, among other things: (a) issues raised by the tenant and the abatement the tenant is asking for on the application; and (b) any arrears owed by the tenant.
39. In this case, I am, as described below, the Tenants have established a strong prima facie case the Landlord breached subsection 20(1) and I am prepared to say, without deciding the matter, that it is likely some abatement will be awarded. The Tenants did not, however, establish that there is any risk that they will be unable to recover any rent abatement that might ultimately be awarded to them.
References
- ↑ 1.0 1.1 Limbada et al v 2491364 Ontario Inc, 2024 ONLTB 74668 (CanLII), <https://canlii.ca/t/k78st>, retrieved on 2024-10-26
