Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$19,891
to Landlord
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Citation: Teixeira v. Akelius Canada Ltd., 2024 ONSC 288
File Number: 673/23
Order Date
Jan 12, 2024
The court dismissed the tenant's motion for an extension of time to file an appeal of the Landlord and Tenant Board's order terminating the tenancy. The court lifted the stay of eviction, allowing the landlord to enforce the Board's termination order. The tenant was ordered to pay $2,000 in costs to the landlord.
Tenant sought extension of time to appeal a Landlord and Tenant Board order that terminated the tenancy due to non-payment of rent. The tenant failed to file the appeal within the 30-day deadline and subsequently filed a motion for an extension of time. The landlord opposed the extension, citing significant rent arrears and ongoing prejudice.
Landlord opposed the extension of time, citing ongoing prejudice due to non-payment of rent.
Landlord provided evidence of significant rent arrears totaling $19,891.40.
Tenant claimed he did not receive notice of the initial Board hearing, was unable to raise the issue of illegal entry, and that the Board's calculations of rent owed were incorrect.
Tenant failed to file appeal within the 30-day deadline. Tenant has not paid any rent since August 1, 2022. Tenant did not comply with court-ordered payments of monthly rent and arrears during the stay of eviction.
Tenant mistakenly believed the 30-day appeal period began from the date the Board's stay was lifted, rather than the date of the Board's order.
Tenant has not paid any rent since August 1, 2022, accumulating significant arrears. Tenant failed to comply with court-ordered payments during the stay of eviction.
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Lawful Rent
$1,093
Rent Arrears
$19,891
Ordered Amount
$19,891 (to Landlord)
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