Sterling v. Guillame

Landlord wins · 2021-02-22

Adjudicator

Penny J.

Dispute

Non-payment of Rent, Substantial Interference

Amount

$10-20K

Landlord

A.S.

Tenant

V.H.G.

Landlord rep

Delaram M. Jafari

What happened

The Landlord sought to terminate the tenancy and evict the Tenant due to serious impairment of safety and non-payment of rent. The Tenant appealed the LTB's eviction order to the Divisional Court. The Landlord moved to quash the appeal as being without merit and an abuse of process.

The ruling

The Divisional Court quashed the Tenant's appeal of the LTB eviction order, finding it to be an abuse of process due to persistent non-payment of rent and without merit as it did not raise questions of law. The court lifted the stay on the eviction order. The Tenant's motion for contempt against the Landlord for changing locks was dismissed.