KS 700 Bay Street Inc c/o BentallGreenOak (Canada) LP v Ine
Split/Other wins · Toronto · 2023-11-20
- Adjudicator
- Jonathan Rosenstein
- Dispute
- Persistent Late Payment
- Notice
- Persistent late payment (N8)
- Amount
- $5-10K
- Landlord
- KS 700 Bay Street Inc c/o BentallGreenOak (Canada) LP
- Tenant
- V.O.I., D.M.I., C.E.K.
- Landlord rep
- Samuel Hui, Faith McGregor
- Tenant rep
- Darius Mwesigwa Itaagi, Chukwuma Ebubechi Kanu
What happened
Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Tenants had signed and served an N9 notice to terminate the tenancy, but later sought to withdraw it.
The ruling
The Board declined to order termination and eviction on the basis of the N9 notice, as the Tenants have provided a reasonable explanation for their late rent payments and have a plan to pay the arrears. The tenancy will continue if the Tenants meet the conditions set out in the order.