Tenant's Appeal Quashed: Michael v. Kaiser et al, 2024 ONSC 4326
Divisional Court quashes tenant's appeal and lifts stay on eviction order due to $14000 rent arrears and abuse of process
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Unit ****, 511 The West Mall, Etobicoke, ON M9C1G5
Decision in favor of
landlord
Balance Owed to Landlord
$14,000
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Jun 2023
Order Date
Aug 2, 2024
Dispute Summary
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.
Determinations
- Tenant gave notice to terminate tenancy effective June 30, 2023
- Landlord obtained eviction order on July 17, 2023
- Tenant's motion to set aside order was denied on February 27, 2024
- Reconsideration of order was denied on March 26, 2024
- Tenant has not paid rent since May 2023
- LTB found outstanding rent of $9,536 as of April 30, 2024
- Monthly rent is $850
- Tenant failed to pay ongoing rent as ordered by the court
- Tenant's appeal was quashed due to abuse of process
Case Study
The Court affirmed its jurisdiction to require ongoing rent payments as a condition of continuing a stay of enforcement of LTB orders. The tenant's failure to pay rent or move forward with the appeal was deemed an abuse of process, leading to the quashing of the appeal.
Arguments and Actions
Landlord
Arguments
Landlord argued for the court's jurisdiction to require ongoing rent payments and moved to quash the appeal when the tenant failed to comply.
Actions
Landlord obtained an eviction order based on the tenant's notice to terminate and sought to end the tenancy due to rent arrears.
Tenant
Arguments
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.
Actions
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.
Procedural Errors
Tenant failed to pay ongoing rent as ordered by the court and did not upload documents to perfect the appeal.
Aggravating Factors
Tenant failed to pay rent since May 2023 and did not comply with court order to pay ongoing rent during appeal process.
Decision Summary
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.
Adjudicator Details
Divisional Court
Total Orders
2
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$850
Rent Arrears
$14,000
Total Owing
$14,000 (Owed to Landlord)
Source
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