Bhuiyan v. Guan

Landlord wins · 2021-03-10

Adjudicator

Swinton J.

Dispute

Eviction, Non-payment of Rent

Amount

>$20K

Landlord

Y.G.

Tenant

S.A.B., A.N.

Landlord rep

Timothy Duggan

What happened

Tenants appealed two LTB orders: an eviction order dated March 12, 2020, and a refusal to extend time for payment dated May 8, 2020. The eviction order, made on consent, required Tenants to pay $35,000 in rent arrears by April 30, 2020 to void the eviction. Tenants failed to pay and requested extensions, which were denied. Tenants now owe over $58,000 in unpaid rent.

The ruling

The Divisional Court dismissed the Tenants' appeal of the LTB eviction order and refusal to extend time for payment. The court found no error of law in the LTB's decisions and noted the appeal was filed out of time. The court lifted the stay on the eviction order and directed the Sheriff to provide the Landlord with vacant possession immediately. Costs of $7,000 were awarded to the Landlord.