Galeano v. Bradley Court Limited: Appeal Quashed in Non-Payment Case
Divisional Court quashes tenant's appeal of eviction order, citing $15000+ rent arrears and failure to comply with appeal conditions
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$15,153
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2021
Hearing Date
Oct 2022
Order Date
Oct 13, 2022
We estimate Application Date using rent arrears.
Dispute Summary
Tenant appealed an LTB order terminating the tenancy due to non-payment of rent. Landlord sought to quash the appeal or lift the automatic stay. Tenant failed to comply with conditions for appeal, including paying monthly rent and arrears. Court quashed the appeal as it raised no grounds and was manifestly devoid of merit.
Determinations
- Tenant failed to pay rent for July to October 2022
- Tenant failed to make arrears payments from July to September
- Outstanding arrears total $15,152.89
- Tenant has history of failing to pay rent and comply with arrears payment plans
- Notice of appeal identified no grounds of appeal or questions of law
- Tenant failed to file notice of appeal by court-ordered deadline
Case Study
The court found that the appeal was manifestly devoid of merit as it raised no grounds of appeal or questions of law. The tenant's failure to comply with conditions for extending the appeal time, including rent payments and filing deadlines, further supported quashing the appeal.
Arguments and Actions
Landlord
Arguments
Landlord argued that the appeal should be quashed as it was manifestly devoid of merit and an abuse of process.
Actions
Landlord brought four proceedings before the LTB due to tenant's non-payment of rent.
Tenant
Arguments
Tenant's notice of appeal contained no substantive content or grounds for appeal.
Actions
Tenant failed to pay rent for July to October 2022 and did not make arrears payments from July to September. Tenant did not file notice of appeal by the court-ordered deadline.
Procedural Errors
Tenant failed to file notice of appeal by the court-ordered deadline of January 31, 2022, only providing it on March 11, 2022, after a further court direction.
Aggravating Factors
Tenant has a history of failing to pay rent and comply with arrears payment plans. Tenant failed to comply with court-ordered conditions for extending appeal time.
Decision Summary
The court quashed the tenant's appeal of the LTB order terminating the tenancy, finding it manifestly devoid of merit. The automatic stay was lifted. The tenant was given 10 days to arrange for belongings retrieval, after which they would be held in storage for 30 days. The tenant was ordered to pay $3,406.27 in costs to the landlord.
Adjudicator Details
Divisional Court
Total Orders
7
Landlord Favorable
57.1%
Tenant Favorable
14.3%
Mutual Agreement
28.6%
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Financial Details
Lawful Rent
$1,026
Rent Arrears
$15,153
Total Owing
$15,153 (Owed to Landlord)
Source
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