Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$10,000
to Landlord
Agree with the ruling?
Citation: Zhou v. Rama, 2021 ONSC 4659
File Number: 385/21
Application Date (Estimate)
Sep 2020
Hearing Date
Jun 2021
Order Date
Jun 29, 2021
We estimate Application Date using rent arrears.
The court quashed the Tenant's appeal of the LTB eviction order, finding it devoid of merit and an abuse of process. The stay on eviction enforcement was lifted, with the Tenant given an opportunity to remain in the unit until August 1, 2021, if July rent was paid by July 1, 2021. Otherwise, eviction could proceed from July 2, 2021. The Tenant was also ordered to pay $5,000 in costs to the Landlord.
The Landlord sought to quash the Tenant's appeal of an eviction order made by the Landlord and Tenant Board or alternatively lift the automatic stay on eviction. The Landlord argued that the appeal was devoid of merit and an abuse of process, as the Tenant had not paid rent for over a year.
The Landlord argued that the Tenant's appeal was devoid of merit and an abuse of process, brought solely to obtain an automatic stay of eviction.
The Landlord served an N4 Form on July 1, 2020, after the Tenant failed to pay June 2020 rent. The Landlord then brought an application to the LTB when the Tenant did not pay the required rent.
The Tenant argued that there were procedural fairness issues with the LTB hearing and defects in the N4 Form. He also suggested that his financial circumstances and a statement by the Premier about not evicting people during the pandemic justified his non-payment of rent.
The Tenant failed to pay any rent between June 2020 and February 2021, and continued to not pay rent until June 2021, accumulating over $10,000 in arrears.
Persistent non-payment of rent for over a year without justification
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Lawful Rent
$1,000
Rent Arrears
$10,000
Ordered Amount
$10,000 (to Landlord)
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