Landlord Wins Eviction Case Against Tenant Owing $19891 in Rent Arrears: Teixeira v. Akelius Canada Ltd. 2024
Tenant loses appeal to extend time to fight $19891 eviction order for non-payment of rent
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$19,891
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2022
Tenancy End Date
Aug 2023
Hearing Date
Dec 2023
Order Date
Jan 12, 2024
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Tenant filed a motion seeking an extension of time to appeal an order of the Landlord and Tenant Board that terminated his tenancy due to non-payment of rent. The Board's order found rent arrears of $16,542.01 as of October 31, 2023, and the landlord's evidence shows the total amount owed is now $19,891.40.
Determinations
- Tenant failed to pay rent since August 1, 2022
- Tenant did not comply with court's directions to pay monthly rent and arrears
- Tenant's proposed grounds of appeal lack merit
Case Study
The court found that the tenant has not shown a bona fide intention to pursue the appeal, nor that there is merit to the appeal that justifies granting an extension of time. The landlord is suffering increased prejudice each month due to the non-payment of rent.
Arguments and Actions
Tenant
Arguments
Tenant argued that (1) he did not receive notice of the initial Board hearing, (2) the Board did not permit him to raise the issue of illegal entry, and (3) the Board's calculations of rent owed were incorrect.
Actions
Tenant failed to pay rent since August 1, 2022 and did not comply with court's directions to pay monthly rent and arrears.
Procedural Errors
Tenant mistakenly believed the 30-day deadline to file an appeal began from the date the Board's stay was lifted, rather than the date of the Board's order.
Decision Summary
The court denied the tenant's motion for an extension of time to appeal the Landlord and Tenant Board's order terminating the tenancy. The stay of the eviction order was lifted, allowing the landlord to enforce the Board's order.
Adjudicator Details
LTB Member
Total Orders
8
Landlord Favorable
75.0%
Tenant Favorable
25.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,093
Rent Arrears
$19,891
Total Owing
$19,891 (Owed to Landlord)
Source
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