Wilkinson v. Sekiritsky

Landlord wins · Toronto · 2020-08-24

Adjudicator

Favreau J.

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

N.S.

Tenant

O.W.

Landlord rep

Timothy M. Duggan

What happened

The Landlord sought to terminate the tenancy due to the Tenant's violation of condominium rules by operating short-term rentals, and for non-payment of rent. The Tenant appealed the Landlord and Tenant Board's eviction order to the Divisional Court. The Landlord moved to quash the appeal.

The ruling

The Divisional Court quashed the Tenant's appeal of the Landlord and Tenant Board's eviction order. The court found that the appeal did not raise a question of law and was an abuse of process. The automatic stay of the eviction order was lifted, allowing the Landlord to proceed with the eviction.