Tenants Win Appeal After Being Shut Out of Their Own Hearing at the Landlord and Tenant Board

Wright v. Lallion, 2024 ONSC 4132 (Divisional Court)

A $35,000 Order Made Without the Tenants Present

Marcus Wright and Giusina D'Ella were tenants who had been paying approximately $1,900 per month in rent since October 2020. In September 2022, their landlord gave notice of a rent increase to $5,000 per month. A dispute erupted over whether the increase was proper, and the tenants stopped paying rent. The landlord filed applications with the Landlord and Tenant Board to terminate the tenancy and collect arrears.

What happened next was a breakdown in procedural fairness. The LTB held a hearing — but the tenants were not present. The Board ordered that the tenancy be terminated unless more than $35,000 was paid by the end of July 2023. When the tenants applied for a review of the decision, the review was denied without a hearing.

Ken Wise Appeals to the Divisional Court

Ken Wise appealed both the original decision and the review denial to the Divisional Court on the basis of procedural fairness. The appeal was restricted to questions of law, and Ken argued that making a $35,000 order against tenants who were not present at the hearing — and then denying their review without a hearing — fundamentally violated their right to be heard.

The Divisional Court Overturns the Decision

Justice Matheson agreed. The Divisional Court set aside both the original LTB decision and the review decision, ordering a new hearing. The tenants got the fair process they had been denied.

Why This Case Matters

The Landlord and Tenant Board handles thousands of cases each year, and tenants can sometimes find themselves on the wrong end of a decision made without their participation. If you missed a hearing, if a decision was made against you without proper notice, or if a review request was denied without being heard, you may have grounds to appeal to the Divisional Court. Procedural fairness is a fundamental right — and it applies at the LTB just as it does in any other tribunal.

If you have received an unfair decision from the Landlord and Tenant Board, contact Ken Wise & Associates to discuss your appeal options.

Phone: (416) 924-6231

Email: ken@kenwiseandassociates.ca