Hughes v. Mehraban

Landlord wins · 2023-10-12

Adjudicator

R.E. Charney

Dispute

Eviction, Non-payment of Rent

Landlord

B.M.

Tenant

N.H.

Tenant rep

Jeff Schlemmer

What happened

Tenant appealed LTB eviction order to Divisional Court. Court quashed appeal as consent order requires leave to appeal. Tenant granted extension to file motion for leave to appeal. Stay of eviction granted conditionally on rent payment.

The ruling

The Divisional Court quashed the Tenant's Notice of Appeal from the LTB's eviction order, as it was a consent order requiring leave to appeal. The court granted an extension for the Tenant to file a motion for leave to appeal and conditionally stayed the eviction pending the decision on leave. The Tenant must pay current rent and clear arrears within 30 days to maintain the stay.