Pfeiffer v. Metcap Living Management Inc.

Landlord wins · 2018-02-08

Adjudicator

C. Horkins

Dispute

Eviction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Metcap Living Management Inc.

Tenant

D.P.

Landlord rep

Rob Winterstein

What happened

The tenant appealed a Landlord and Tenant Board (LTB) review decision that upheld an eviction order due to non-payment of rent. The tenant argued that his attempt to pay rent in cash, which was refused by the landlord, should have discharged his rent obligation. The Divisional Court dismissed the appeal, finding no error of law in the LTB's decision.

The ruling

The Divisional Court dismissed the tenant's appeal of the LTB decision upholding the eviction order. However, the court extended the stay of eviction to April 30, 2018, giving the tenant one last opportunity to pay the full rental arrears of $7,436.85 to avoid eviction. If the arrears are not paid by that date, the eviction order will be enforced.