Evictly

Wang v Geer

Landlord wins · Thornhill · 2025-06-17

Adjudicator
Sheena Brar
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$10-20K
Landlord
D.W.
Tenant
D.G., L.G.
Landlord rep
Y.T. Li

What happened

The Landlord applied for termination of tenancy and eviction due to non-payment of rent. By the time of the hearing, the Tenants had already vacated the unit. A significant legal issue arose because Tenant 1 filed a Consumer Proposal under the Bankruptcy and Insolvency Act (BIA) after vacating. The Board had to determine if the monetary claim could proceed against Tenant 2, who was a joint tenant but had not declared bankruptcy.

The ruling

The tenancy was terminated effective February 29, 2024, the date the Tenants moved out. Due to the bankruptcy stay of Tenant 1, the monetary order for $19,427.74 is issued against Tenant 2 (Lynda Geer), who is jointly and severally liable for the rent arrears and the application filing fee, after accounting for the rent deposit and accrued interest.