McBride v Chase

Landlord wins · Cornwall · 2022-01-24

Adjudicator

Michelle Tan

Dispute

Non-payment of Rent

Amount

<$5K

Landlord

B.M.

Tenant

S.C.

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 a previous L1 application (EAL-97212-21) was heard on November 23, 2021, where the Landlord was successful and obtained an order giving the Tenant two options: move out by December 14, 2021 or pay the rent arrears and continue the tenancy.

The ruling

The Landlord's L4 application was dismissed because it was the wrong application to file in this case. The previous L1 application had already resulted in an eviction order, so the Landlord's recourse should have been to follow through with the eviction order rather than filing a new L4 application.