Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$7,937
to Landlord
Agree with the ruling?
Citation: Pfeiffer v. Metcap Living Management Inc., 2018 ONSC 910
File Number: DC-17-810
Hearing Date
Feb 2018
Order Date
Feb 8, 2018
Tenancy End Date
Apr 2018
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.
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.
Landlord argued that the refusal to accept cash payments did not erase the tenant's debt.
Landlord's office staff initially refused to accept cash payments due to a mistaken impression about payment methods.
Landlord's staff initially refused to accept cash payments, which was later corrected.
Tenant argued that his attempt to pay rent in cash, which was refused by the landlord, should have discharged his rent obligation.
Tenant attempted to tender seven cash payments for rental arrears, which were initially refused by the landlord's office staff.
Tenant stated he would not comply with any LTB orders requiring payment of rental arrears
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Rent Arrears
$7,437
Other Amount
$500
Respondent's costs of appeal
Ordered Amount
$7,937 (to Landlord)
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