Bayside Rowing Club Inc. v. Navhar Properties Inc.

Landlord wins · 2016-07-05

Adjudicator

Stewart J.

Dispute

Eviction, Non-payment of Rent

Amount

>$20K

Landlord

Navhar Properties Inc.

Tenant

Bayside Rowing Club Inc., D.K.

Landlord rep

Jacqueline Ho

What happened

Tenants appealed a Landlord and Tenant Board Review Order that required them to vacate the rental premises and pay $25,000 in rental arrears. The appeal was dismissed by the Registrar for delay, and Tenants moved to set aside the Registrar's decision. The court dismissed the Tenants' motion, finding their explanation for the delay lacked credibility and that they were deliberately delaying to take advantage of the automatic stay of eviction.

The ruling

The court dismissed the Tenants' motion to set aside the Registrar's order that had dismissed their appeal for delay. The court found that the Tenants' explanation for the delay lacked credibility and that they were deliberately delaying to take advantage of the automatic stay of eviction. The court also noted the significant prejudice to the Landlord due to mounting rental arrears exceeding $60,000.