Lisa M Mast vs. Roger Giri — Case Study

INTRODUCTION TO THIS LANDLORD AND TENANT BOARD OF ONTARIO CASE STUDY

Welcome to YLAW, your trusted legal partner for navigating the complex landscape of tenancy disputes in Ontario. In this case study, we examine a significant tenant application at the Landlord and Tenant Board (LTB) of Ontario. The case centers on Lisa M Mast, who filed an application against her landlord, Roger Giri, alleging that he gave a notice of termination in bad faith.

Understanding the Landlord and Tenant Board of Ontario

The Landlord and Tenant Board (LTB) is a specialized tribunal in Ontario that plays a vital role in resolving disputes between landlords and tenants. Operating under the Residential Tenancies Act, 2006, the LTB provides a forum for fair and impartial resolution of various tenancy-related issues, including allegations of bad faith notices of termination.

Background

Lisa M Mast was a tenant in a rental unit owned by Roger Giri. Mast filed a T5 application with the LTB, alleging that Giri gave a notice of termination in bad faith. The specific details of the tenancy, such as its duration and the rental amount, were not provided in the order.

The Landlord and Tenant Board Hearing

Mediation Process

In this case, instead of proceeding to a full hearing, the parties engaged in mediation on June 6, 2024. Mediation is an alternative dispute resolution process offered by the LTB to help parties reach a mutually acceptable agreement without the need for a formal hearing.

Participants in Mediation

The mediation was attended by:

• The Tenant, Lisa M Mast, along with her legal representative, Daniel English
• The Landlord, Roger Giri, along with his legal representative, Ian Shemesh

Mediation Outcome

Through the mediation process, the parties were able to reach a consensual agreement. This agreement formed the basis of the consent order issued by the LTB.

Appealing the Decision

As this was a consent order resulting from mediation, the likelihood of an appeal is significantly reduced. Both parties agreed to the terms, which typically limits the grounds for potential appeals. However, if either party believes there were significant procedural errors or issues with the consent process, they might potentially seek a review of the order.

ANALYSIS AND DECISION

In this case, the analysis and decision were primarily driven by the agreement reached between the parties during mediation. The adjudicator, Stephan Kozak, reviewed the agreement and was satisfied that the parties understood the consequences of their consent.

Key points of the agreement and decision include:

1. The Landlord agreed to pay the Tenant a sum of $15,000.00.
2. This amount represents a negotiated settlement of the Tenant’s T5 application.
3. The payment is to be made to the Tenant’s legal representative, in trust, on or before July 6, 2024.

ORDER

Based on the consent of both parties, the LTB ordered that:

1. The Landlord, Roger Giri, shall pay the Tenant, Lisa M Mast, the sum of $15,000.00.
2. The full amount is to be paid on or before July 6, 2024.
3. If the full amount is not paid by July 6, 2024, the Landlord will start to owe interest, calculated from July 7, 2024, at 7.00% annually on the balance outstanding.

Final Thoughts and Seeking Legal Counsel

This case demonstrates the effectiveness of the LTB’s mediation process in resolving disputes between landlords and tenants. It highlights the importance of open communication and willingness to negotiate in reaching mutually acceptable solutions.

Know Your Rights

Whether you’re a landlord or a tenant, it’s crucial to understand your rights and responsibilities under the Residential Tenancies Act. This knowledge can be invaluable in navigating disputes and participating effectively in mediation processes.

Consult with Legal Experts

The positive outcome of this case underscores the value of legal representation in tenancy disputes. Both parties had legal representatives during the mediation, which likely contributed to reaching a fair and satisfactory agreement.

Contact YLAW for Landlord and Tenant Board Cases

At YLAW, we specialize in assisting clients with Landlord and Tenant Board cases in Ontario. Our experienced team of legal professionals can guide you through every step of the process, from filing applications to representing you in mediations and hearings.

If you’re facing a tenancy dispute or need advice on your rights and obligations as a landlord or tenant, don’t hesitate to reach out to us. You can contact us by phone at +14379959529 or email us here. Our team is ready to provide the legal support and representation you need to protect your interests and achieve a favorable resolution.

Remember, effective legal representation can make a significant difference in the outcome of your case. Let YLAW be your trusted partner in navigating the complexities of tenancy law in Ontario.