Capreit Limited Partnership v Wolfson

Landlord wins · Toronto · 2023-11-15

Adjudicator

Peter Nicholson

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

Capreit Limited Partnership

Tenant

H.W., P.T.

Landlord rep

Jason Paine

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit at the time of the hearing.

The ruling

The tenancy will be terminated on November 26, 2023 unless the tenants pay $21,148.56 to void the order. If the tenants do not pay, they must move out by November 26, 2023 and pay $13,582.09 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.