Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$50,000
to Landlord
Agree with the ruling?
Citation: Rosen v. Reed, 2023 ONSC 6482
File Number: 176/23
Application Date (Estimate)
Dec 2022
Hearing Date
May 2023
Order Date
Nov 17, 2023
We estimate Application Date using rent arrears.
The Divisional Court dismissed the tenant's appeal, affirming that the Landlord and Tenant Board's monetary jurisdiction limit of $35,000 does not apply to 'pay to stay' orders. The court ruled that the LTB can require payment of the full rent arrears, even if exceeding $35,000, as a condition for voiding a termination order. This interpretation was found to be consistent with longstanding precedent and the purpose of the Residential Tenancies Act.
The Landlord and Tenant Board (LTB) terminated the tenancy for non-payment of rent but ordered that the Tenant could void the termination order upon payment of the entire $50,000 in arrears plus accrued and accruing rent of $10,000 per month. The Tenant appealed, arguing that the LTB erred in ordering payment above its $35,000 monetary jurisdiction limit as a condition for voiding the termination order.
Landlord argued that the LTB's monetary jurisdiction limit does not apply to 'pay to stay' orders.
Landlord waived claim for payment of arrears over $35,000 to proceed before the LTB.
Tenant argued that the LTB's order for payment above $35,000 as a condition to void the termination order was beyond the Board's monetary jurisdiction.
Tenant failed to pay rent, accumulating $50,000 in arrears.
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Lawful Rent
$10,000
Rent Arrears
$50,000
Ordered Amount
$50,000 (to Landlord)
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