80 Thomas Mulholland Holdings Inc. v Yacouba

Landlord wins · Toronto · 2024-06-28

Adjudicator

Panagiotis Peter Roupas

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

80 Thomas Mulholland Holdings Inc.

Tenant

C.F.Y.

Landlord rep

Clive H. Preddie

Tenant rep

Tenant Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant had filed a consumer proposal under the Bankruptcy and Insolvency Act, which stayed the landlord's ability to recover the pre-filing rent arrears outside of the consumer proposal process.

The ruling

The landlord's application to terminate the tenancy and evict the tenant for non-payment of rent is granted, unless the tenant voids the order by paying the outstanding rent arrears of $8,086 by June 30, 2024 or $11,286 by July 9, 2024. The tenant filed a consumer proposal under the Bankruptcy and Insolvency Act, which stayed the landlord's ability to recover the pre-filing rent arrears outside of the consumer proposal process. However, the landlord can seek eviction and post-filing arrears, as the N4 notice was valid when served. The tenant requested 4 months to vacate, but the adjudicator found this unreasonable given the substantial arrears.