Yang v. He

Landlord wins · 2020-02-21

Adjudicator

R. Ryan Bell

Dispute

Eviction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Y.Y.

Tenant

H.L.H.

Landlord rep

Jirina Bulger

What happened

Tenant appealed a Landlord and Tenant Board order terminating the tenancy and ordering eviction due to non-payment of rent. The landlord moved to quash the appeal. The Divisional Court quashed the tenant's appeal on the basis that it raised no question of law, as required for appeals from LTB decisions.

The ruling

The Divisional Court quashed the tenant's appeal of the LTB order terminating the tenancy and ordering eviction. The court found the appeal raised no question of law and was manifestly devoid of merit. The stay of the LTB order was lifted, allowing enforcement of the eviction. The tenant was ordered to pay $2,000 in costs to the landlord.