Tenant's Appeal Dismissed in Pfeiffer v. Metcap Living Management Inc. 2018: Pfeiffer v. Metcap Living Management Inc. 2018
Divisional Court upholds eviction order, rules landlord's cash refusal doesn't erase $7436 rent debt
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$7,937
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Feb 2018
Order Date
Feb 8, 2018
Tenancy End Date
Apr 2018
Dispute Summary
The tenant appealed a Landlord and Tenant Board (LTB) review decision that upheld an eviction order due to non-payment of rent. The tenant argued that his attempt to pay rent in cash, which was refused by the landlord, should have discharged his rent obligation. The Divisional Court dismissed the appeal, finding no error of law in the LTB's decision.
Determinations
- Landlord's refusal to accept cash payment does not discharge tenant's rent obligation
- LTB's decision to uphold eviction order was reasonable
- No error of law in LTB's exercise of discretion
Case Study
The court found that the LTB's decision was reasonable and entitled to deference. It affirmed that a landlord's refusal to accept rent does not discharge the tenant's obligation to pay. The court also found no error in the LTB's exercise of discretion in refusing to set aside the eviction order, given the tenant's stated refusal to comply with any LTB order to pay arrears.
Arguments and Actions
Landlord
Arguments
Landlord argued that the refusal to accept cash payments did not erase the tenant's debt.
Actions
Landlord's office staff initially refused to accept cash payments due to a mistaken impression about payment methods.
Procedural Errors
Landlord's staff initially refused to accept cash payments, which was later corrected.
Tenant
Arguments
Tenant argued that his attempt to pay rent in cash, which was refused by the landlord, should have discharged his rent obligation.
Actions
Tenant attempted to tender seven cash payments for rental arrears, which were initially refused by the landlord's office staff.
Aggravating Factors
Tenant stated he would not comply with any LTB orders requiring payment of rental arrears
Decision Summary
The Divisional Court dismissed the tenant's appeal of the LTB decision upholding the eviction order. However, the court extended the stay of eviction to April 30, 2018, giving the tenant one last opportunity to pay the full rental arrears of $7,436.85 to avoid eviction. If the arrears are not paid by that date, the eviction order will be enforced.
Adjudicator Details
Divisional Court
Total Orders
6
Landlord Favorable
66.7%
Tenant Favorable
33.3%
Mutual Agreement
0.0%
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Financial Details
Rent Arrears
$7,437
Other Owed Amount
$500
Respondent's costs of appeal
Total Owing
$7,937 (Owed to Landlord)
Source
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