Rosen v. Reed

Landlord wins · 2023-11-17

Adjudicator

D.L. Corbett

Dispute

Non-payment of Rent

Amount

>$20K

Landlord

W.R.

Tenant

D.R.

Tenant rep

Yonatan M. Kramer

What happened

This appeal concerns "pay to stay" orders made by the Landlord and Tenant Board ("LTB" or the "Board"). The key issue is whether the monetary jurisdiction of the Board (currently $35,000) constrains its discretion to impose terms to void an order terminating a tenancy, or whether the Board may order that all outstanding rent be paid to void an order terminating a tenancy if the arrears are more than $35,000.

The ruling

The court dismissed the appeal, finding that the monetary jurisdiction of the LTB does not constrain its discretion to impose terms to void an order terminating a tenancy. The court found the LTB's reasoning on this issue to be persuasive and in line with longstanding authority.