One Clarendon Inc. v. Kathleen Finlay and John Finlay

Split/Other wins · Toronto · 2022-11-09

Adjudicator

W.D. Black J.

Dispute

Eviction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

One Clarendon Inc.

Tenant

K.F., J.F.

Landlord rep

Sanj Sood, Matthew Helfand

What happened

Landlord seeks to evict tenants and recover unpaid rent. Tenants have not paid rent since October 2021. Landlord filed an N4 notice and initially applied to the LTB, but withdrew that application and filed a court action due to the amount of arrears exceeding LTB jurisdiction. Tenants counterclaimed for rent abatement citing issues with the rental unit.

The ruling

The court granted a brief adjournment to November 18, 2022, due to tenants' alleged illness. Tenants must pay $4,006 by October 31, 2022, as partial rent. The next hearing is peremptory against the tenants, who must deliver any responding materials by November 10, 2022. The court expressed concerns about potential delay tactics and emphasized that no further delays would be tolerated.