7838794 Canada Inc. v. Fiscian

Landlord wins · 2018-12-17

Adjudicator

Doi J.

Dispute

Eviction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

7838794 Canada Inc. c/o Minto Properties Inc.

Tenant

C.P.F.

Landlord rep

Martin Zarnett

What happened

The landlord applied to terminate the tenancy and evict the tenant for rent arrears. The parties initially reached a consent order for the tenant to make payments on arrears. When the tenant defaulted on the payment terms, the landlord applied again to end the tenancy and evict. The Landlord and Tenant Board ordered termination and eviction. The tenant appealed this order to the Superior Court of Justice.

The ruling

The Superior Court of Justice granted the landlord's motion to quash the tenant's appeal of the Landlord and Tenant Board's eviction order. The court found that the appeal failed to raise a question of law, was devoid of merit, and was frivolous and vexatious. The stay of eviction was lifted, and the tenant was ordered to vacate by January 2, 2019.