Michael v. Kaiser et al

Landlord wins · Etobicoke · 2024-08-02

Adjudicator

Shore J.

Dispute

Non-payment of Rent, Tenant-initiated Termination

Amount

$10-20K

Landlord

A.N., J.K., R.C.

Tenant

J.M.

Landlord rep

Timothy M. Duggan, Alexander H. Etkin

What happened

Tenant appealed LTB orders upholding an eviction order based on the tenant's notice to terminate and non-payment of rent. The Divisional Court quashed the appeal due to the tenant's failure to pay ongoing rent as ordered and abuse of process.

The ruling

The Divisional Court quashed the tenant's appeal of LTB orders upholding an eviction order. The court found that the tenant's failure to pay ongoing rent as ordered and to move forward with the appeal constituted an abuse of process. The stay on the LTB orders was lifted, allowing the eviction to proceed.