Mcdonald v. Menicucci

Landlord wins · Toronto · 2017-01-12

Adjudicator

Marrocco A.C.J.S.C.

Dispute

Eviction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

F.M., P.M.

Tenant

J.M., P.M.S.

Landlord rep

Robert B. Macdonald

What happened

Landlords applied to terminate tenancy due to non-payment of rent. The Landlord and Tenant Board ordered Tenants to pay arrears and stay current on rent. Tenants defaulted again, and Landlords obtained an ex parte order terminating the tenancy. Tenants appealed to the Divisional Court, which resulted in an automatic stay of the eviction order.

The ruling

The Divisional Court quashed the Tenants' appeal, finding no jurisdiction to hear it as the grounds did not raise a question of law. The court upheld the Landlord and Tenant Board's eviction order. Tenants were ordered to pay $3500 in costs to the Landlords.