Mubarak v. Toronto Community Housing Corporation

Landlord wins · 2022-01-17

Adjudicator

Favreau J.

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

T.C.H.C.

Tenant

F.M.

Landlord rep

Doug Letto

What happened

The Landlord sought to quash the Tenant's appeal of a Landlord and Tenant Board order terminating his tenancy due to non-payment of rent. The Tenant had not paid rent since early 2019, accumulating significant arrears. The Landlord argued the appeal was meritless and an abuse of process.

The ruling

The court granted the Landlord's motion to quash the Tenant's appeal, finding it to be an abuse of process and devoid of merit. The Tenant's failure to pay rent for over two years without reasonable explanation or intention to remedy the situation was a key factor. The court dismissed the appeal and allowed the eviction to proceed after a four-week delay.