MacMillan v. Martin

Landlord wins · Orillia · 2022-01-14

Adjudicator

M.L. Edwards

Dispute

Non-payment of Rent, Personal Use

Amount

$5-10K

Landlord

D.M.

Tenant

A.M.

Landlord rep

Paul Portman

What happened

The landlord obtained two orders from the LTB terminating the tenant's tenancy. The first was for non-payment of rent of approximately $1,200. The second was on the basis that the landlord required the premises for his own personal use. The tenant appealed both orders to the Divisional Court. During the appeal process, the landlord evicted the tenant in violation of a stay order, leading to contempt proceedings.

The ruling

The Divisional Court dismissed the tenant's appeals of the LTB eviction orders for non-payment of rent and landlord's personal use. The court found no error of law in the LTB's decisions. The landlord was found in contempt for violating a stay order but purged the contempt by paying $4,000 to the tenant and temporarily reinstating the tenancy. The eviction orders were restored but stayed for 30 days to allow the tenant time to find new accommodation.