Friesen v Illson

Landlord wins · Thunder Bay · 2021-08-12

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

Clifford Trust Friesen

Tenant

K.I.

Landlord rep

J. Kirk

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 remained in possession of the rental unit at the time of the hearing.

The ruling

The tenancy is terminated effective August 23, 2021. The Tenant must pay the Landlord $35,000 by August 23, 2021, or the Landlord may file the order with the Sheriff to enforce the eviction. If the Tenant pays the full amount by August 23, 2021, the order for eviction will be void and the Tenant can remain in the unit. The Tenant may also make a motion to set aside the order if they pay the required amount after August 24, 2021 but before the Sheriff enforces the eviction.