Last updated: August 16, 2024
Dispute resolved in
Agreement
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Citation: Weston on the Humber v. Kelly, 2016 ONSC 376
File Number: TNL-75451-15
Hearing Date
Jan 2016
Order Date
Jan 14, 2016
The court declined to quash the tenant's appeal of the LTB eviction order, finding an arguable question of law regarding the tenant's status. The tenant was given until January 20, 2016 to provide proof of financing to purchase the unit for $207,000, or the stay on the eviction order would be lifted.
Landlord sought to quash tenant's appeal of LTB decision or stay the LTB order terminating tenancy. Tenant argued he was not a tenant but a purchaser with interim occupancy since 2007. The court declined to quash the appeal but ordered the tenant to provide proof of financing to purchase the unit or vacate.
Landlord argues the September 22, 2008 Agreement constitutes an interim lease agreement.
Landlord characterizes the relationship as a tenancy and payments as rent, despite receipts labeling them as 'Interim Occupancy Payments'.
Tenant argues he is not a tenant governed by the Residential Tenancies Act, but a purchaser with interim occupancy since 2007.
Tenant has paid $1000 per month for close to eight years, characterizing payments as 'Interim Occupancy Payments'.
Tenant has delayed purchase of unit since 2007
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Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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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.
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