Eldebron Holdings Limited v. Mason

Landlord wins · Toronto · 2016-04-14

Adjudicator

D.A. Broad J.

Dispute

Eviction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Eldebron Holdings Limited

Tenant

J.D.M.

Landlord rep

Michael Spence

What happened

Landlord sought to terminate tenancy and evict Tenant for non-payment of rent. Tenant appealed LTB order to Divisional Court, which was found to be an abuse of process. Court quashed appeal, lifted stay, and ordered Sheriff to enforce LTB eviction order.

The ruling

The Divisional Court quashed the Tenant's appeal of the LTB eviction order, lifted the stay of proceedings, and directed the Sheriff to enforce the LTB's order. The court found the appeal to be an abuse of process and ordered the Tenant to pay substantial indemnity costs of $5,639.08 to the Landlord.