Patel v Bowler

Tenant wins · Ajax · 2025-07-31

Adjudicator

Joshua Labbe

Dispute

Bankruptcy, Non-payment of Rent

Landlord

R.P.

Tenant

R.B., E.B.

Landlord rep

Bavithra Vigneswararajah

What happened

The Landlord applied for an order for rent arrears and daily compensation against the Former Tenants under Section 87 of the Act. During the hearing, Tenant 1 raised a preliminary issue regarding a bankruptcy filing (Consumer Proposal) made on July 18, 2024. The Board considered whether the Bankruptcy and Insolvency Act (BIA) stayed the LTB proceedings.

The ruling

The Landlord's application for rent arrears is stayed as a result of the Former Tenant's bankruptcy filing under the Bankruptcy and Insolvency Act. The LTB does not have jurisdiction to order payment for debts subject to the stay. The application remains stayed until the Court decides otherwise or until the Tenant is discharged from bankruptcy.