Capreit 2 Limited Partnership v. Reid

Landlord wins · 2018-12-17

Adjudicator

F.L. Myers J.

Dispute

Eviction, Non-payment of Rent

Landlord

Capreit 2 Limited Partnership

Tenant

R.R.

Landlord rep

Spencer Toole

What happened

Tenant appealed an LTB eviction order for non-payment of rent. The tenant claimed to have voided the order by submitting payment on time, but the cheque had an error making it uncashable. The LTB found this insufficient to void the order. The tenant appealed to the Divisional Court, seeking to argue that the LTB erred in this finding.

The ruling

The Divisional Court quashed the tenant's appeal of the LTB eviction order. The court found no valid ground of appeal on a question of law, unexplained delay in perfecting the appeal, and abuse of process. The LTB eviction order was upheld, with enforcement delayed until January 14, 2019. The tenant was ordered to pay costs of $4,473.14 to the landlord.