Metcap Living Management Inc. v Grant
Last updated: October 12, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Metcap Living Management Inc. v Grant, LTB-L-031100-26
File Number: LTB-L-031100-26
Timeline
Application Date (Estimate)
Jan 2026
Hearing Date
Jul 2026
Order Date
Jul 24, 2026
Tenancy End Date
Sep 2026
We estimate Application Date using rent arrears.
Decision
The Landlord's application for termination and eviction is granted, but the eviction is suspended until September 30, 2026, allowing the Tenant an opportunity to void the order by paying the arrears and filing fee according to a set schedule.
Reason for Eviction Relief
The Adjudicator considered disclosed circumstances under subsection 83(2) and found it appropriate to postpone the eviction until September 30, 2026, giving the Tenant additional time to move due to personal and financial difficulties.
Dispute
The Landlord applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent. The Tenant sought to raise section 82 maintenance issues and requested an adjournment, which were denied. The Adjudicator granted relief from eviction, postponing the termination date to September 30, 2026, subject to specific payment conditions.
Determinations
- The Tenant failed to provide timely written notice of section 82 issues pursuant to Rule 19 and s. 82 of the Act, and relief to raise these issues was declined.
- The adjournment request on consent was denied.
- The Landlord served a valid N4 notice and the Tenant did not void it.
- Relief from eviction was granted under s. 83(2) to postpone eviction to September 30, 2026, as the Tenant's proposed payment plan was not viable based on current income.
Landlord's Arguments
Arguments
Landlord argued that the Tenant failed to comply with Rule 19 timelines for raising section 82 issues and that the Tenant's proposed payment plan was speculative and not viable.
Actions and Evidence
Landlord maintained that short service of section 82 issues prejudiced their defence and sought termination and eviction.
Considerations
Tenant's Arguments
Arguments
Tenant argued that maintenance issues and medical difficulties caused financial hardship and arrears, and sought relief from eviction and an adjournment.
Actions and Evidence
Tenant sought to raise maintenance issues regarding mould and water leaks, reported medical difficulties related to the unit, and proposed a payment plan of rent plus $300 per month towards arrears.
Procedural Errors
Failed to provide timely written notice of section 82 issues at least 7 days before the hearing.
Considerations
Insufficient efforts to pay rent arrearsPrioritizing other debts over rent once employment was secured
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