Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
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to Landlord
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Citation: Byfield v. Gill, 2021 ONSC 4008
File Number: DC-19-0072-00
Application Date
Aug 2019
Hearing Date
Apr 2021
Order Date
Jun 2, 2021
The Divisional Court quashed the Tenants' appeal of the LTB order terminating their tenancy for non-payment of rent. The court found that the appeal did not raise a question of law and was an abuse of process. The stay of eviction was lifted, with the Sheriff directed to enforce the eviction, but not before June 30, 2021.
The Landlord brought an application to the LTB for termination of tenancy due to unpaid rent. The LTB ordered the Tenants to pay $6,927.00 by July 19, 2021, failing which the tenancy would be terminated. The Tenants appealed this decision to the Divisional Court. The Landlord brought a motion to quash the appeal and lift the stay on eviction.
Landlord argued that the appeal does not raise a question of law, is an abuse of process, and should be dismissed for delay.
Landlord brought a motion to quash the appeal and lift the stay on eviction.
Tenants argued that the amount of arrears was miscalculated and that they should not be required to pay all outstanding rent and utilities because the Landlord failed to provide sufficient heat to the rental unit.
Tenants have persistently failed to pay rent, with arrears exceeding $16,000 by December 2020. They have made some payments since then, but significant arrears are still owing.
Tenants failed to state any grounds of appeal in their Notice of Appeal and did not take any steps to perfect their appeal for almost two years.
Persistent non-payment of rent, failure to take steps to perfect appeal for almost two years
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Lawful Rent
$1,750
Rent Arrears
$16,000
Other Amount
$3,000
unpaid utilities
Click to switch between order outcomes
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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.
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