Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$58,000
to Landlord
Agree with the ruling?
Citation: Bhuiyan v. Guan, 2021 ONSC 1775
File Number: CEL-91104-19
Hearing Date
Mar 2021
Order Date
Mar 10, 2021
The Divisional Court dismissed the Tenants' appeal of the LTB eviction order and refusal to extend time for payment. The court found no error of law in the LTB's decisions and noted the appeal was filed out of time. The court lifted the stay on the eviction order and directed the Sheriff to provide the Landlord with vacant possession immediately. Costs of $7,000 were awarded to the Landlord.
Tenants appealed two LTB orders: an eviction order dated March 12, 2020, and a refusal to extend time for payment dated May 8, 2020. The eviction order, made on consent, required Tenants to pay $35,000 in rent arrears by April 30, 2020 to void the eviction. Tenants failed to pay and requested extensions, which were denied. Tenants now owe over $58,000 in unpaid rent.
Landlord argued that the appeal was an abuse of process, filed to obtain an automatic stay of eviction and allow Tenants to remain without paying rent.
Landlord pursued eviction after Tenants failed to pay rent arrears as agreed in the consent order.
Tenants argued that they had an agreement with the Landlord's agent to delay eviction if they paid $9,500 by October 16, 2020, with the balance to be paid within three months.
Tenants failed to pay $35,000 in rent arrears by April 30, 2020 as agreed in the consent order. They made no further payments until October 2020, when they claim to have paid $9,500.
Tenants filed their appeal after the deadline without seeking an extension of time.
Tenants have not made any rent payments since October 2020 and now owe over $58,000 in unpaid rent.
Need assistance from an expert?
Rent Arrears
$58,000
Ordered Amount
$58,000 (to Landlord)
Click to switch between order outcomes
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.