Ackie Davidson v. Thiviarupan Nagendiram

Landlord wins · 2022-01-26

Adjudicator

McWatt A.C.J.S.C.J.

Dispute

Eviction, Non-payment of Rent

Notice

Non-payment of rent (N4), Substantial interference (N5)

Amount

$5-10K

Landlord

T.N.

Tenant

A.D.

Tenant rep

Thomas Dugas

What happened

Tenant appealed a Landlord and Tenant Board decision that denied his motion to set aside an eviction order. The eviction order was issued due to the tenant's failure to comply with a payment order for rent arrears. The tenant claimed he had paid the required amounts and was denied procedural fairness.

The ruling

The Divisional Court dismissed the tenant's appeal of the LTB decision that denied his motion to set aside an eviction order. The court found no breach of procedural fairness and no errors in the LTB's application of the law. The eviction order was upheld, and the tenant was ordered to pay $500 in costs to the landlord.