Rosen v. Reed
Landlord wins · 2023-11-17
- Adjudicator
- D.L. Corbett J.
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- W.R.
- Tenant
- D.R.
- Landlord rep
- Timothy M. Duggan
- Tenant rep
- Yonatan M. Kramer
What happened
The Landlord and Tenant Board (LTB) terminated the tenancy for non-payment of rent but ordered that the Tenant could void the termination order upon payment of the entire $50,000 in arrears plus accrued and accruing rent of $10,000 per month. The Tenant appealed, arguing that the LTB erred in ordering payment above its $35,000 monetary jurisdiction limit as a condition for voiding the termination order.
The ruling
The Divisional Court dismissed the tenant's appeal, affirming that the Landlord and Tenant Board's monetary jurisdiction limit of $35,000 does not apply to 'pay to stay' orders. The court ruled that the LTB can require payment of the full rent arrears, even if exceeding $35,000, as a condition for voiding a termination order. This interpretation was found to be consistent with longstanding precedent and the purpose of the Residential Tenancies Act.