Landlord Wins Eviction Appeal: Bhura v. Harris 2024
Ontario court lifts stay, allows landlord to evict tenant for failure to perfect appeal in rent dispute
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 111 Elizabeth Street, Toronto, ON M5G 1P7
Decision in favor of
landlord
Balance Owed to Landlord
$40,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Order Date
Apr 25, 2024
Tenancy End Date
May 2024
Dispute Summary
The landlord brought a motion to lift the automatic stay of relief due to the tenant's delay in pursuing his appeal from an order of eviction by the Landlord and Tenant Board. The tenant was required to pay his monthly rent plus $3,000 per month towards the accrued arrears, but he had not perfected his appeal within the required timeframe.
Determinations
- Tenant required to pay monthly rent plus $3,000 towards arrears
- Tenant did not perfect appeal within required timeframe
- Tenant did not provide confirmation of ordering transcripts
Case Study
The court has jurisdiction to grant the relief sought by the landlord under the Courts of Justice Act and the Rules of Civil Procedure. The tenant has not perfected his appeal within the required timeframe, despite being provided with time to respond to the landlord's motion. While the tenant has paid his rent as ordered, he is required to move the appeal along so that it can be considered on the merits.
Arguments and Actions
Tenant
Procedural Errors
Failure to perfect appeal within required timeframe
Decision Summary
The court grants the order lifting the stay of eviction, effective May 8, 2024, due to the tenant's delay in perfecting his appeal.
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
11.8%
Mutual Agreement
11.8%
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Financial Details
Rent Arrears
$40,000
Total Owing
$40,000 (Owed to Landlord)
Source
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