Oz v. Shearer

Landlord wins · Sunderland · 2020-11-04

Adjudicator

L. A. Pattillo J.

Dispute

Illegal Entry, Maintenance, Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

E.O.

Tenant

C.R.S., J.S.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Tenants had filed multiple applications with the Board regarding maintenance issues and illegal entry, but the Board denied the Tenants' requests to adjourn the Landlord's application and hear all issues together.

The ruling

The Divisional Court quashed the Tenants' appeal, finding that it raised no question of law and was an abuse of process. The Court upheld the Landlord and Tenant Board's order terminating the tenancy and ordering the Tenants to pay $10,355 in rent arrears.