Devenne v. Sedun

Landlord wins · 2020-10-08

Adjudicator

Penny J.

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

L.S., S.A., C.A.G.H., L.S.

Tenant

S.D.

Landlord rep

Timothy M. Duggan

What happened

The Landlord applied to terminate the tenancy due to persistent late payment of rent. The Tenant appealed the Landlord and Tenant Board's decision to terminate the tenancy. The Landlord moved to quash the Tenant's appeal to the Divisional Court.

The ruling

The Divisional Court quashed the Tenant's appeal of the Landlord and Tenant Board's decision terminating the tenancy. The court found the appeal raised no issues of law and was an abuse of process due to the Tenant's failure to pay rent during the appeal period.