Lysak v. Atkinson

Split/Other wins · 2020-02-19

Adjudicator

Favreau J.

Dispute

Damage to Property, Non-payment of Rent, Substantial Interference

Amount

<$5K

Landlord

G.L.

Tenant

Z.L.A.

Landlord rep

David S. Strashin

What happened

Tenant appealed LTB order terminating tenancy for non-payment of rent and causing damage. Tenant sought extension to perfect appeal, while Landlord moved to quash appeal. Court granted Tenant extension to perfect appeal on condition of paying outstanding and ongoing rent.

The ruling

The court granted the Tenant's motion to extend time to perfect her appeal, conditional on paying $4,473 in outstanding rent by February 28, 2020, and ongoing rent. The Tenant must perfect her appeal by March 6, 2020. If rent is not paid, the Landlord may move to dismiss the appeal without notice.