Hall Q v. Biason

Landlord wins · Toronto · 2020-01-10

Adjudicator

Backhouse J.

Dispute

Jurisdiction, Non-payment of Rent

Amount

>$20K

Landlord

H.Q.C.

Tenant

N.B.

Landlord rep

Steven K. Stauffer

Tenant rep

Caryma Fayez Sa'd

What happened

The landlord sought to dismiss the tenant's appeal of an LTB decision that found the rental unit was predominantly commercial and exempt from the Residential Tenancies Act. The tenant requested an adjournment. The main issues were whether the premises were exempt from the RTA and the tenant's non-payment of rent during the dispute.

The ruling

The court granted an adjournment with conditions, including the release of trust funds to the landlord, payment of outstanding rent, and ongoing rent payments. The stay on the LTB order was lifted, and costs were awarded to the landlord. The court emphasized the importance of timely rent payments and proper use of legal procedures.