Oz v. Shearer

Landlord wins · Sunderland · 2020-11-04

Adjudicator

L. A. Pattillo J.

Dispute

Maintenance, Non-payment of Rent, Tenant Rights

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

E.O.

Tenant

C.S., J.S.

Landlord rep

Howard Stern

Tenant rep

Bradley J. Zochodne

What happened

Landlord sought to quash tenants' appeal of LTB eviction order and lift automatic stay. Tenants had not paid rent since August 2019 and vacated the property in July 2019 but refused to return keys. Tenants filed multiple applications with LTB alleging maintenance issues and harassment. Landlord filed for eviction due to non-payment of rent.

The ruling

The Divisional Court allowed the landlord's motion to quash the tenants' appeal of the LTB eviction order and lifted the automatic stay. The court found that the tenants' appeal raised no question of law, was devoid of merit, and constituted an abuse of process given the circumstances of non-payment and vacancy.