Byfield v. Gill

Landlord wins · 2021-06-02

Adjudicator

Favreau J.

Dispute

Maintenance, Non-payment of Rent

Landlord

D.G.

Tenant

K.B., J.W.

Landlord rep

Maria Shepherd

What happened

The Landlord brought an application to the LTB for termination of tenancy due to unpaid rent. The LTB ordered the Tenants to pay $6,927.00 by July 19, 2021, failing which the tenancy would be terminated. The Tenants appealed this decision to the Divisional Court. The Landlord brought a motion to quash the appeal and lift the stay on eviction.

The ruling

The Divisional Court quashed the Tenants' appeal of the LTB order terminating their tenancy for non-payment of rent. The court found that the appeal did not raise a question of law and was an abuse of process. The stay of eviction was lifted, with the Sheriff directed to enforce the eviction, but not before June 30, 2021.