Novi Properties v Moreau

Tenant wins · Toronto · 2025-10-22

Adjudicator

Colin Elsby

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Novi Properties

Tenant

M.M.

Landlord rep

Prifti Elvis

What happened

The Landlord applied for termination of the tenancy and eviction based on non-payment of rent for the months of February, March, and April 2025. During the hearing, it was revealed that the Tenant had filed a consumer proposal under the Bankruptcy and Insolvency Act (BIA) on April 7, 2025. The Board addressed whether the application could proceed in light of the statutory stay of proceedings triggered by the filing.

The ruling

The Landlord's application is stayed as a result of the Tenant’s consumer proposal filing pursuant to the Bankruptcy and Insolvency Act. The application is stayed until the Court otherwise decides or the Tenant is discharged from bankruptcy. The Landlord cannot evict the Tenant for arrears accrued prior to April 7, 2025, but may serve a new notice if the Tenant fails to pay rent for periods after that date.