Regan v. Ennis

Landlord wins · Toronto · 2016-11-16

Adjudicator

Thorburn J.

Dispute

Interference With Lawful Right, Non-payment of Rent

Notice

Non-payment of rent (N4), Interference with lawful right

Landlord

R.E.

Tenant

J.F.R.

Landlord rep

Michael Kholodenko, Adam Freud

What happened

Landlord sought to terminate tenancy and evict Tenant for non-payment of rent and interference with lawful rights. Tenant appealed LTB orders terminating tenancy. Landlord applied to quash appeal and lift stay of eviction.

The ruling

The Divisional Court quashed the Tenant's appeal of LTB orders terminating tenancy and ordering eviction. The court found the appeal had no merit and was an abuse of process. The LTB orders were restored, the stay lifted, and the Sheriff directed to give immediate vacant possession to the Landlord, not before November 18, 2016.