Jegasundaram v. Malhotra Holdings Inc.

Landlord wins · 2021-06-08

Adjudicator

Penny J.

Dispute

Non-payment of Rent, Tenant-initiated Termination

Amount

>$20K

Landlord

Malhotra Holdings Inc.

Tenant

D.J., R.J.

Landlord rep

Joga S. Chahal

What happened

Tenants appealed an LTB decision that found they were in a landlord/tenant relationship with the respondent and ordered termination of tenancy for non-payment of rent. Tenants claimed they were owners under a 'rent to own' agreement. The Divisional Court quashed the appeal, finding no viable error of law and that the appeal was an abuse of process due to delays and non-payment of rent.

The ruling

The Divisional Court quashed the tenants' appeal of the LTB decision, finding no viable error of law and that the appeal was an abuse of process. The court granted a temporary stay until July 30, 2021, allowing tenants to pay all arrears and costs to avoid eviction. If full payment is not made by the deadline, the LTB's eviction order will come into full force and effect.