Amiraco Properties Inc. v Letourneau Auch

Landlord wins · Windsor · 2023-08-31

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Amiraco Properties Inc.

Tenant

C.L.A., L.C.

Landlord rep

Jessica Lapkowski

Tenant rep

Christopher Hall

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Tenants had filed a consumer proposal under the Bankruptcy and Insolvency Act, which stayed the proceedings for rent arrears up to the filing date. The Board found that it could not order the Tenants to pay the pre-bankruptcy rent arrears or terminate the tenancy due to those arrears, but could proceed with the application for the post-bankruptcy rent arrears.

The ruling

The Board found that the Tenants' consumer proposal filing stayed the proceedings for pre-bankruptcy rent arrears, but the Board could proceed with the application for the post-bankruptcy rent arrears. The Board ordered the Tenants to pay the August 2023 rent arrears by August 31, 2023 or September 11, 2023 to void the eviction order, or vacate the unit by September 11, 2023.