Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$35,000
to Landlord
Agree with the ruling?
Tenancy End Date
May 2022
Hearing Date
Sep 2022
Order Date
Sep 23, 2022
The Divisional Court dismissed the Tenant's appeal of the LTB eviction order. The court found no procedural unfairness or errors of law in the LTB's decision. The stay of eviction was lifted, but the Tenant was given until October 31, 2022, to vacate the premises. The Tenant was ordered to pay $2,500 in costs to the Landlord within 30 days.
The Landlord applied to evict the Tenant for non-payment of rent. The LTB granted the eviction order, finding the Tenant had not paid rent for over two years. The Tenant appealed the LTB decision to the Divisional Court, claiming an ownership interest in the property and disputing the rent arrears.
Landlord argued that the tenancy should be terminated due to non-payment of rent.
Landlord waived the excess rent arrears above $35,000 to fit within the LTB's monetary jurisdiction.
Tenant argued that the relationship was governed by an Agreement of Purchase and Sale from 2019, not a landlord-tenant relationship.
Tenant claimed to have an ownership interest in the property and argued that unpaid rent was not due because of that interest. Tenant acknowledged not making any payments to the Landlord since August 2019.
Tenant had not paid rent for over two years
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Rent Arrears
$35,000
Ordered Amount
$35,000 (to Landlord)
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