Kang v. Grant

Landlord wins · Ottawa · 2020-11-13

Adjudicator

M. O'Bonsawin

Dispute

Eviction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

J.K.

Tenant

N.G.

Landlord rep

Josh Malhi, Sim Chahal

What happened

Landlord sought to quash Tenant's appeal of a Landlord and Tenant Board order terminating the tenancy and ordering eviction due to non-payment of rent. The Tenant had failed to pay full rent since moving in, accumulating significant arrears. The Landlord argued the appeal raised no question of law as required and was an abuse of process to delay eviction.

The ruling

The court quashed the Tenant's appeal of the Landlord and Tenant Board eviction order, finding it raised no question of law and was an abuse of process. The eviction order was upheld, allowing the Landlord to file it with the Sheriff on November 26, 2020. The Tenant was ordered to pay $5,718.78 in costs to the Landlord within 30 days.