Arnold v. Lulu Holdings Inc.
Landlord wins · 2021-12-30
- Adjudicator
- Matheson J.
- Dispute
- Demolition, Non-payment of Rent
- Amount
- >$20K
- Landlord
- Lulu Holdings Inc.
- Tenant
- J.G.A., D.C.
- Landlord rep
- Stefan Juzkiw
- Tenant rep
- Adam Varro
What happened
Landlord sought to terminate tenancy and evict Tenant due to plans to demolish the premises and non-payment of rent. Tenant appealed LTB eviction order, claiming lack of notice to all tenants and lack of consent to order terms. Landlord moved to quash appeal.
The ruling
The Divisional Court quashed the tenant's appeal of the LTB eviction order, finding it to be an abuse of process. The court terminated the automatic stay of enforcement, allowing the eviction to proceed. The tenant was ordered to pay $6,000 in costs to the landlord.