Arsenault v. Thevathurai

Landlord wins · 2015-08-25

Adjudicator

Sylvia Corthorn

Dispute

Eviction, Non-payment of Rent

Landlord

A.T.

Tenant

P.A.

Landlord rep

S. David Lyman

What happened

The landlord applied to the Landlord and Tenant Board for an eviction order due to the tenant's failure to pay rent in full. The Board issued an eviction order on April 9, 2015. The tenant appealed this order to the Divisional Court. The landlord brought a motion to quash the appeal or lift the stay of the eviction order pending appeal.

The ruling

The Divisional Court quashed the tenant's appeal of the Landlord and Tenant Board's eviction order. The court found the appeal did not raise valid questions of law and was manifestly devoid of merit. The tenant was ordered to vacate the rental unit by September 27, 2015.