Mahmood v Riutta

Split/Other wins · Barrie · 2024-09-03

Adjudicator

E. Patrick Shea

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4), Utilities (N5)

Amount

$10-20K

Landlord

R.M., Z.M.

Tenant

S.R., P.R.

Landlord rep

Charlene Lewin

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and utilities. The application was filed after serving valid N4 and N5 notices, which the tenants did not void by paying the arrears. Mr. Riutta vacated the unit in July 2022 and Ms Riutta became bankrupt on March 21, 2023 and vacated the unit on October 4, 2023.

The ruling

The Hearing Order is cancelled. The LTB is prohibited by section 84.2 of the Bankruptcy and Insolvency Act from terminating the tenancy and evicting the Tenants based on rent owed when the bankruptcy started. The LTB can, however, make an order requiring the Tenants to pay any rent or utilities that became owed after the bankruptcy started.