CARACO PROPERTY MANAGEMENT LTD. v FURGASON

Landlord wins · Kingston · 2025-09-02

Adjudicator

Jane Dean

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

CARACO PROPERTY MANAGEMENT LTD.

Tenant

J.F., B.P.

Landlord rep

Ian McInnis

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants due to substantial rent arrears exceeding $28,000. Tenant 2 argued that the proceeding should be stayed because they had appealed a previous LTB order (related to persistent late payment) to the Divisional Court. The Landlord contended that the current non-payment application was a distinct matter from the late-payment application currently under appeal.

The ruling

The LTB ordered the termination of the tenancy effective September 13, 2025, unless the Tenants pay $32,056.00 to void the order. If the Tenants do not void the order, they are required to vacate by the termination date and pay the Landlord $23,482.90, representing arrears up to the hearing date plus the filing fee, less the rent deposit and interest. Daily compensation of $105.21 is also ordered for each day the Tenants remain in the unit after the hearing.