Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$14,000
to Landlord
Agree with the ruling?
Citation: Michael v. Kaiser et al, 2024 ONSC 4326
File Number: 258/24
Tenancy End Date
Jun 2023
Order Date
Aug 2, 2024
The Divisional Court quashed the tenant's appeal of LTB orders upholding an eviction order. The court found that the tenant's failure to pay ongoing rent as ordered and to move forward with the appeal constituted an abuse of process. The stay on the LTB orders was lifted, allowing the eviction to proceed.
Tenant appealed LTB orders upholding an eviction order based on the tenant's notice to terminate and non-payment of rent. The Divisional Court quashed the appeal due to the tenant's failure to pay ongoing rent as ordered and abuse of process.
Landlord argued for the court's jurisdiction to require ongoing rent payments and moved to quash the appeal when the tenant failed to comply.
Landlord obtained an eviction order based on the tenant's notice to terminate and sought to end the tenancy due to rent arrears.
Tenant argued that the court does not have jurisdiction to require ongoing payments of rent due to the automatic stay upon filing of the appeal.
Tenant gave notice to terminate the tenancy effective June 30, 2023, but then attempted to set aside the resulting eviction order. Tenant has not paid rent since May 2023, accumulating over $14,000 in arrears.
Tenant failed to pay ongoing rent as ordered by the court and did not upload documents to perfect the appeal.
Tenant failed to pay rent since May 2023 and did not comply with court order to pay ongoing rent during appeal process.
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Lawful Rent
$850
Rent Arrears
$14,000
Ordered Amount
$14,000 (to Landlord)
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