Abolarin v O'Brien

Tenant wins · Angus · 2025-07-09

Adjudicator

Margo den Haan

Dispute

Non-payment of Rent, Other

Landlord

O.A.

Tenant

J.O.

Landlord rep

Ciara McMillen

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant for rent arrears occurring after the Tenant filed for bankruptcy. The Landlord sought this new order because the Sheriff refused to enforce a previous LTB eviction order (Section 78 Order) due to the Tenant's bankruptcy filing. The Landlord argued that the new arrears arose post-bankruptcy and should justify a new termination order.

The ruling

The Landlord's application for termination and arrears is dismissed. The Board determined that because a final eviction order had already been issued for this tenancy in a previous file, the principle of res judicata prevents the Board from issuing a second order. The Landlord was advised that the appropriate remedy for the Sheriff's refusal to enforce the existing order due to the Tenant's bankruptcy lies with the Bankruptcy Court or the Superior Court of Justice.