Oladunjoye v. Jonker

Landlord wins · 2021-02-16

Adjudicator

Kristjanson J.

Dispute

Eviction, Non-payment of Rent

Amount

>$20K

Landlord

F.O.

Tenant

R.J., K.J.

Landlord rep

Parjot Benipal

What happened

Landlord sought to quash tenants' appeal of LTB eviction order and lift stay on eviction. Tenants had not paid rent for over a year, owing over $24,000 in arrears. Landlord faced financial difficulties including mortgage default and potential foreclosure due to non-payment.

The ruling

The Divisional Court quashed the tenants' appeal of the LTB eviction order and lifted the Divisional Court stay of eviction. The court found the appeal to be premature, devoid of merit, and an abuse of process. The LTB's interim stay remains in effect pending the ongoing LTB review.