Bernard v. Taylor

Landlord wins · Guelph · 2018-07-16

Adjudicator

Price J.

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

$10-20K

Landlord

Bernard Property Maintenance, Just KF Investors Inc.

Tenant

P.T.

Landlord rep

Caitlin W. McIntyre

What happened

The landlord applied to the Landlord Tenant Board for an order to terminate the tenancy and evict the tenant for non-payment of rent and persistent late payment. The tenant did not attend the hearing, claiming medical conditions prevented his attendance. The Board proceeded with the hearing in the tenant's absence and granted the landlord's application. The tenant appealed the Board's decision to the Divisional Court, arguing his rights as a person with a disability were infringed by the Board's failure to accommodate him by granting an adjournment.

The ruling

The court dismissed the tenant's appeal of the Landlord Tenant Board's eviction order. The appeal was dismissed for delay in perfection, lack of merit, and breach of a previous court order to pay rent. The court affirmed the Board's eviction order, lifted the stay, and ordered the tenant to vacate the premises and pay $9,975 in back rent plus interest and costs.