Rosen v. Reed
Split/Other wins · 2023-04-12
- Adjudicator
- Leiper J.
- Dispute
- Eviction, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- W.R.
- Tenant
- D.R.
- Landlord rep
- Spencer Toole
- Tenant rep
- Yonatan M. Kramer
What happened
The Landlord applied to the LTB for an order to terminate the tenancy and evict the Tenant for failure to pay rent. The LTB granted the order, finding the Tenant owed $50,000 in arrears. The Tenant appealed the LTB's decision to the Divisional Court, arguing that the amount required to void the eviction order should be limited to the LTB's monetary jurisdiction of $35,000.
The ruling
The court ordered the Tenant to pay $25,000 into trust by April 21, 2023, and to continue paying monthly rent of $10,000 as conditions for maintaining the stay of the eviction order pending appeal. Failure to comply may result in the Landlord being able to move to lift the stay of the eviction order.