Bon v. Hutchens
Landlord wins · 2021-03-22
- Adjudicator
- Favreau J.
- Dispute
- Appeal Of Ltb Decision, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- A.B.
- Tenant
- S.H.
- Landlord rep
- Timothy M. Duggan
- Tenant rep
- R. Trent Morris
What happened
The Tenant appealed an LTB eviction order for non-payment of rent. The Landlord brought a motion to dismiss the appeal as an abuse of process. The Tenant had not paid rent since September 2019, owing over $30,000 by the time of the motion. The Divisional Court dismissed the appeal as an abuse of process, finding the Tenant was 'gaming the system' by appealing solely to obtain an automatic stay of eviction.
The ruling
The Divisional Court dismissed the Tenant's appeal of the LTB eviction order as an abuse of process. The court lifted the automatic stay of eviction, ordered the Tenant to vacate by March 31, 2021, and allowed the Sheriff to enforce eviction from April 1, 2021. The Tenant was also ordered to pay $7,500 in costs to the Landlord within 30 days.