Kirpichova v. Galaxy Real Estate Core Ontario LP

Landlord wins · 2024-06-13

Adjudicator

Myers J.

Dispute

Eviction, Non-payment of Rent

Amount

<$5K

Landlord

Galaxy Real Estate Core Ontario LP

Tenant

M.K., E.E.

Landlord rep

Rob L. Winterstein, Morgana Kellythorne

What happened

Tenant appealed an LTB decision that upheld an eviction order for non-payment of rent. The tenant sought to quash the eviction order under s. 81 of the RTA and void it under s. 74. The LTB rejected both attempts. The tenant appealed to the Divisional Court, and the landlord cross-appealed regarding the disposition of rent paid into trust.

The ruling

The court ordered the tenant to pay $4,173.28 monthly ($1,673.28 rent plus $2,500 towards arrears) starting July 1, 2024, as a condition of continuing the stay on the eviction order pending appeal. The court struck out Mr. Elguindy as a party appellant and prohibited him from acting as a legal representative for Ms. Kirpichova in the proceeding.