Evictly

BOMOFIVE INC. v FORSTER

Tenant wins · Niagara Falls · 2025-06-27

Adjudicator
Eliza Lowes
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Landlord
BOMOFIVE INC.
Tenant
C.F.
Landlord rep
Adam Hamdani
Tenant rep
Brian Hornyak

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to rent arrears. During the proceedings, it was confirmed that the Tenant had filed a Consumer Proposal under the Bankruptcy and Insolvency Act, which was approved and covered all arrears claimed by the Landlord. The LTB determined it lacked jurisdiction to proceed as the matter was stayed by federal bankruptcy legislation.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant for non-payment of rent is dismissed. Because the Tenant's rental arrears are included in an approved Consumer Proposal, the Landlord and Tenant Board lacks jurisdiction to proceed due to the stay provisions of the Bankruptcy and Insolvency Act. The Landlord's request for the $186.00 filing fee was also denied.