146 Osgoode Street Holdings v. Unknown
Landlord wins · Ottawa · 2023-04-06
- Adjudicator
- R. Ryan Bell
- Dispute
- Non-payment of Rent, Renovation, Major Repairs
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- 146 Osgoode Street Holdings, Smart Living Properties
- Tenant
- R.U.
- Landlord rep
- John Dickie
What happened
The landlord initially filed an application to terminate the tenancy for major repairs. This was resolved by consent, with the tenant moving to a new unit. The landlord then filed for eviction due to non-payment of rent. The tenant appealed the LTB's eviction order, which was automatically stayed. The landlord moved to quash the appeal, which was granted by the motion judge. The tenant then sought a stay of the motion judge's order lifting the stay of eviction.
The ruling
The court dismissed the tenant's motion for a stay pending review of the motion judge's order. The court found no merit to the proposed review, no irreparable harm to the tenant if evicted, and that the balance of convenience favored the landlord. The landlord may now seek enforcement of the LTB's eviction order.