Evictly

HNR Dundas Square Tower Limited v Tar

Landlord wins · Toronto · 2024-02-14

Adjudicator
Greg Brocanier
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$10-20K
Landlord
HNR Dundas Square Tower Limited
Tenant
I.T.
Landlord rep
Sabrina Sciulli

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears.

The ruling

The Landlord's application has been stayed due to the Tenant's bankruptcy filing under the Bankruptcy and Insolvency Act. The Board cannot terminate the tenancy or evict the Tenant based on the rent arrears. The Tenant is obliged to pay rent from the date the consumer proposal was filed, and the Landlord may serve a new N4 notice and file a new application if the Tenant does not pay.