Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Telan v. Elm Place Inc., 2023 ONSC 4957
File Number: 420/23
Tenancy End Date
Feb 2022
Hearing Date
Aug 2023
Order Date
Aug 31, 2023
The court dismissed the tenant's motion for a stay of the eviction order. The tenant failed to establish a serious issue to be tried on a question of law, did not provide sufficient evidence of irreparable harm, and the balance of convenience was neutral. The court found it was not in the interests of justice to grant a stay given the prolonged legal proceedings and lack of merit in the appeal.
Tenant sought a stay of a Landlord and Tenant Board order dated February 22, 2022, which terminated her tenancy due to non-payment of rent. The tenant had unsuccessfully appealed this order previously and was now appealing two June 2023 LTB orders that dismissed her attempt to void the eviction order.
Landlord argued that the tenant's appeal did not raise a serious issue based on a question of law as required under the Residential Tenancies Act.
Landlord has been responding to ongoing legal challenges from the tenant since obtaining the original eviction order in February 2022.
Tenant argued the LTB misapprehended evidence regarding rent arrears, failed to find a novation had occurred, and denied procedural fairness in the original hearing.
Tenant has been paying rent since October 2022, but often late. Tenant claims to have 'serious health issues that require stability', 'a family to support', and no money to move.
Tenant has engaged in prolonged legal proceedings to delay eviction, including unfounded allegations against the landlord in previous appeals.
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