Divisional Court Upholds Eviction in Bhuiyan v. Guan 2021: Bhuiyan v. Guan 2021
Divisional Court upholds eviction, dismisses tenants' appeal over $58000 rent arrears
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$58,000
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Mar 2021
Order Date
Mar 10, 2021
Dispute Summary
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.
Determinations
- No error of law in LTB orders
- Appeal filed out of time
- Appeal is an abuse of process
- Tenants failed to comply with payment agreements
- Eviction order to be enforced immediately
Case Study
The court found no error of law in the LTB's orders. The Tenants' complaints did not relate to legal merits of the orders but to the Landlord's enforcement of the eviction order. The appeal was filed out of time without seeking an extension. The court viewed the appeal as an abuse of process to obtain an automatic stay of eviction and allow Tenants to remain without paying rent.
Arguments and Actions
Landlord
Arguments
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.
Actions
Landlord pursued eviction after Tenants failed to pay rent arrears as agreed in the consent order.
Tenant
Arguments
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.
Actions
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.
Procedural Errors
Tenants filed their appeal after the deadline without seeking an extension of time.
Aggravating Factors
Tenants have not made any rent payments since October 2020 and now owe over $58,000 in unpaid rent.
Decision Summary
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.
Adjudicator Details
Divisional Court
Total Orders
21
Landlord Favorable
71.4%
Tenant Favorable
28.6%
Mutual Agreement
0.0%
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Financial Details
Rent Arrears
$58,000
Total Owing
$58,000 (Owed to Landlord)
Source
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