Chisholm v. Kwan
Landlord wins · 2022-09-23
- Adjudicator
- Backhouse J.
- Dispute
- Eviction, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- F.K.
- Tenant
- S.C.
- Landlord rep
- Douglas Levitt, Spencer Toole
What happened
The Landlord applied to evict the Tenant for non-payment of rent. The LTB granted the eviction order, finding the Tenant had not paid rent for over two years. The Tenant appealed the LTB decision to the Divisional Court, claiming an ownership interest in the property and disputing the rent arrears.
The ruling
The Divisional Court dismissed the Tenant's appeal of the LTB eviction order. The court found no procedural unfairness or errors of law in the LTB's decision. The stay of eviction was lifted, but the Tenant was given until October 31, 2022, to vacate the premises. The Tenant was ordered to pay $2,500 in costs to the Landlord within 30 days.