Haufe v Shultz

Split/Other wins · NIPISSING · 2024-04-18

Adjudicator

E. Patrick Shea

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

M.H.

Tenant

J.S., K.L.

Landlord rep

Karen McArthur

Tenant rep

Michell Brown

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Tenants had vacated the rental unit on June 23, 2023, prior to the hearing date. One of the Tenants, Karl Lewis, had filed a consumer proposal under the Bankruptcy and Insolvency Act.

The ruling

This application is stayed due to the consumer proposal filed by Tenant Karl Lewis under the Bankruptcy and Insolvency Act. The LTB does not have jurisdiction to lift the stay or amend the application to allow an order for rent owed prior to the consumer proposal filing. The Landlord can file a separate application under Section 87 of the Residential Tenancies Act to recover any rent owed for the period after the consumer proposal was filed.