Davis v Lopez
Tenant wins · Toronto · 2025-04-30
- Adjudicator
- Dana Wren
- Dispute
- Bankruptcy, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- P.D., E.D.
- Tenant
- W.L.
What happened
The Landlords applied to terminate the tenancy and evict the Tenant from two units (main and basement) for non-payment of rent. However, prior to the hearing, the Tenant filed a consumer proposal under the Bankruptcy and Insolvency Act (BIA) on April 14, 2024. This action resulted in an automatic stay of the Landlord and Tenant Board proceedings concerning the rent arrears incurred before the proposal was filed.
The ruling
The Landlords' application for eviction and rent arrears is stayed as a result of the Tenant's consumer proposal filing under the Bankruptcy and Insolvency Act. The proceeding cannot continue until the court decides otherwise or the Tenant is discharged from bankruptcy. The tenancy is not terminated by this order.