Ravadgar v Kaftroudi

Split/Other wins · 2023-09-28

Adjudicator

The Honourable Mr. Justice R.E. Charney

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.R.

Tenant

Z.F.K.

Landlord rep

Wade Morris

Tenant rep

Jeff Schlemmer

What happened

The Landlord and Tenant reached a consent order at the LTB hearing, which terminated the tenancy and ordered the Tenant to vacate the rental unit by August 15, 2023. The Tenant later filed an appeal to the Divisional Court, disputing the consent order.

The ruling

The Divisional Court determined that the Tenant requires leave to appeal the consent order under Section 133(a) of the Courts of Justice Act, even though she is disputing the validity of the consent. The Court granted the Tenant an extension to bring a motion for leave to appeal, and stayed the eviction order pending the Court's decision on the motion, on the condition that the Tenant pays the outstanding rent arrears.