Hebden v Jackson

Split/Other wins · Guelph · 2024-09-05

Adjudicator

Julie Broderick

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

W.H.

Tenant

B.J.

Landlord rep

Lynn Perillo

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears.

The ruling

The Landlord's application is stayed due to the Tenant's consumer proposal filing under the Bankruptcy and Insolvency Act. The rent arrears owed up to the date of the consumer proposal filing are a claim provable in bankruptcy, and the Landlord is not permitted to continue the application to recover those arrears or terminate the tenancy on that basis.