Roper v. Mian
Landlord wins · 2017-03-03
- Adjudicator
- Kiteley J.
- Dispute
- Eviction, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- M.M.
- Tenant
- C.J.R.
- Landlord rep
- Tristen Audet
- Tenant rep
- Stefan Juzkiw
What happened
The landlord applied to terminate the tenancy and evict the tenant for non-payment of rent. The Landlord and Tenant Board issued multiple orders for the tenant to pay arrears, which the tenant failed to comply with. The tenant appealed the final eviction order to the Divisional Court. The landlord brought a motion to dismiss the appeal, lift the automatic stay of eviction, and for security for costs.
The ruling
The court lifted the automatic stay of eviction, ordered the tenant to pay $2,500 security for costs, and to perfect the appeal by April 3, 2017. The tenant was also ordered to pay $2,970 in costs for the motion. If the tenant fails to comply, the landlord may bring a motion to dismiss the appeal.