Last updated: August 16, 2024
Dispute resolved in
Agreement
Ordered Amount
$70,186
to Landlord
Agree with the ruling?
Citation: Rosen v. Reed, 2023 ONSC 2211
File Number: LTB-L-070858-22
Application Date (Estimate)
Dec 2022
Hearing Date
Apr 2023
Order Date
Apr 12, 2023
We estimate Application Date using rent arrears.
The court ordered the Tenant to pay $25,000 into trust by April 21, 2023, and to continue paying monthly rent of $10,000 as conditions for maintaining the stay of the eviction order pending appeal. Failure to comply may result in the Landlord being able to move to lift the stay of the eviction order.
The Landlord applied to the LTB for an order to terminate the tenancy and evict the Tenant for failure to pay rent. The LTB granted the order, finding the Tenant owed $50,000 in arrears. The Tenant appealed the LTB's decision to the Divisional Court, arguing that the amount required to void the eviction order should be limited to the LTB's monetary jurisdiction of $35,000.
The Landlord argues that allowing the Tenant to void the order without paying all arrears would allow the Tenant to benefit financially from his own breach of the tenancy agreement.
The Landlord agreed to waive arrears above $35,000 to proceed with the LTB hearing but did not consent to a finding that the Tenant could void the termination order by paying only $35,000.
The Tenant argues that the amount required to void the eviction order should be limited to the LTB's monetary jurisdiction of $35,000, based on s. 207(3) of the Residential Tenancies Act.
The Tenant paid $45,186 toward the outstanding arrears the day before the Case Conference, leaving an amount of $25,000 still outstanding.
Allowing large amount of arrears to accumulate, requiring Landlord to take action to recover rent owed
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Lawful Rent
$10,000
Rent Arrears
$50,000
Ordered Amount
$70,186 (to Landlord)
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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