Cannect Mortgage Investment Corporation v Jolliffe
Landlord wins · Toronto · 2025-05-08
- Adjudicator
- John Cashmore
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- C.M.I.C.
- Tenant
- L.J., N.J.
What happened
The Tenants sought a review of an order that terminated their tenancy for non-payment of rent. The Tenants argued they should not be liable for arrears because they had paid the rent to the former landlord. The current Landlord, a mortgagee in possession, had served the Tenants with a Notice of Attornment directing them to pay rent to them. The Tenants claimed they were misled by the former landlord who told them to continue paying him. The LTB found that the Tenants were legally required to pay the mortgagee once notified and that the Board lacked jurisdiction to remedy the Tenants' payment to the wrong party.
The ruling
The Tenants' request for a review of the order dated April 15, 2025, is denied. The original order, which terminated the tenancy and ordered the payment of rent arrears to the mortgagee in possession, remains in full force. The Tenants' payment to the former landlord, while based on misleading instructions from that party, does not satisfy their legal obligation to the current Landlord.