Mao v. Liao

Landlord wins · 2024-04-16

Adjudicator

Davies J.

Dispute

Non-payment of Rent

Amount

>$20K

Landlord

P.L.

Tenant

Y.M.

Landlord rep

Arvin Ross, Frank Alfano

What happened

Landlord applied to terminate the tenancy and evict the tenant due to non-payment of rent. The Landlord and Tenant Board terminated the tenancy and ordered the tenant to vacate by October 16, 2023 unless he paid the rental arrears of over $62,000. The tenant appealed the Board's decision to the Divisional Court and obtained a stay of the eviction order pending the appeal. The landlord brought a motion to lift the stay of eviction.

The ruling

The Divisional Court granted the landlord's motion to lift the stay of the Landlord and Tenant Board's eviction order, effective immediately. The court found that the tenant had abused the appeal process by continuing to occupy the rental premises without paying rent, and that it would be an abuse of the court's process to allow the tenant to continue living rent-free pending the appeal.