BOMOFIVE INC. v FORSTER
Tenant wins · Niagara Falls · 2025-06-27
- Adjudicator
- Eliza Lowes
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- BOMOFIVE INC.
- Tenant
- C.F.
- Landlord rep
- Adam Hamdani
- Tenant rep
- Brian Hornyak
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to rent arrears. During the proceedings, it was confirmed that the Tenant had filed a Consumer Proposal under the Bankruptcy and Insolvency Act, which was approved and covered all arrears claimed by the Landlord. The LTB determined it lacked jurisdiction to proceed as the matter was stayed by federal bankruptcy legislation.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant for non-payment of rent is dismissed. Because the Tenant's rental arrears are included in an approved Consumer Proposal, the Landlord and Tenant Board lacks jurisdiction to proceed due to the stay provisions of the Bankruptcy and Insolvency Act. The Landlord's request for the $186.00 filing fee was also denied.