Evictly

Tulshi v. Vecchio

Split/Other wins · 2024-04-15

Adjudicator
FL Myers J
Dispute
Eviction, Non-payment of Rent
Amount
>$20K
Landlord
A.V.
Tenant
M.T., B.T.
Landlord rep
Sylvia LaFontaine
Tenant rep
Carolina Repila

What happened

Tenants appealed an LTB eviction order to the Divisional Court. The original eviction order was based on the tenants' breach of a consent order to pay rental arrears. The tenants claim the landlord misrepresented their payment status to the LTB. The court is considering whether the appeal raises a question of law and setting conditions for maintaining the stay of eviction.

The ruling

The court set conditions for maintaining the stay of eviction, including immediate payment of $9,890 in arrears, bringing 2024 monthly rent instalments current, and ongoing payments of $1,978 monthly towards arrears plus $3,650 monthly rent. The court will consider written submissions on whether the appeal raises a question of law before deciding if it should proceed.