Thomas v. Homestead Land Holdings Ltd.: Court Declines to Lift LTB Stay
Court declines to lift LTB order stay as tenant substantially complies with payment schedule, denies appeal extension
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Dispute resolved in
agreement
Balance Owed to Landlord
$184
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2022
Hearing Date
Dec 2022
Order Date
Dec 19, 2022
We estimate Application Date using rent arrears.
Dispute Summary
The Landlord brought a motion to lift the automatic stay of the Landlord Tenant Board orders. The Tenant had appealed the LTB decision and was directed to pay rental arrears and monthly rent. The Tenant had partially complied with the payment schedule but still owed some arrears. The Tenant also requested an extension to perfect her appeal due to personal circumstances.
Determinations
- Tenant made significant payments towards rental arrears
- Tenant appeared to have paid December rent
- Tenant had been given sufficient time to perfect her appeal
Case Study
The court declined to grant the Landlord's motion to lift the stay, given that the Tenant had made significant payments towards the arrears and appeared to have paid December rent. The court also denied the Tenant's request for a further extension to perfect her appeal, noting that she had already been given ample time.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant still owed rent arrears and sought to enforce the LTB orders.
Actions
Landlord brought a motion to lift the automatic stay of the LTB orders.
Tenant
Arguments
Tenant requested an extension to perfect the appeal due to a death in the family, spouse's illness, and loss of legal representation.
Actions
Tenant paid $10,560 toward rental arrears of $11,500. Tenant claimed to have paid December rent.
Procedural Errors
Tenant failed to perfect the appeal by the extended deadline of November 14, 2022.
Decision Summary
The court declined to lift the automatic stay of the LTB orders, given the Tenant's substantial compliance with the payment schedule. The Tenant's request for an extension to perfect her appeal was denied. New deadlines were set for the appeal process, with the hearing scheduled for February 27, 2023.
Adjudicator Details
Superior Court of Justice
Total Orders
7
Landlord Favorable
57.1%
Tenant Favorable
14.3%
Mutual Agreement
28.6%
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Financial Details
Lawful Rent
$1,605
Rent Arrears
$184
Total Owing
$184 (Owed to Landlord)
Source
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