Christo v. Woon
Landlord wins · Brampton · 2017-08-29
- Adjudicator
- Ricchetti J.
- Dispute
- Maintenance, Non-payment of Rent, Substantial Interference
- Notice
- Persistent late payment (N8)
- Landlord
- D.W., S.W.
- Tenant
- M.C., R.M.
- Landlord rep
- T. Duggan
- Tenant rep
- P. Ratti
What happened
The tenants filed maintenance and substantial interference applications with the Landlord and Tenant Board. The landlords served a notice to terminate the tenancy for persistent late payment of rent and filed an application to terminate for non-payment of rent. The Board conducted a hearing to deal with both applications. The Board terminated the tenancy due to rent arrears and persistent late payments, and dismissed the tenants' maintenance application.
The ruling
The Divisional Court quashed the tenants' appeal of the Landlord and Tenant Board's decision to terminate the tenancy. The court found that the appeal was manifestly devoid of merit and failed to raise any questions of law. The stay on the eviction order was lifted, allowing the landlords to enforce the termination order. The tenants were ordered to vacate by September 6, 2017, and to pay rent as determined by the Board until August 31, 2017.