Regan v. Latimer

Landlord wins · 2016-06-22

Adjudicator

L. A. Pattillo J.

Dispute

Maintenance, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

D.L.

Tenant

J.F.R.

Landlord rep

Spencer Toole

Tenant rep

David Strashin

What happened

Landlord applied to terminate tenancy and evict Tenant for non-payment of rent. Tenant appealed LTB order terminating tenancy, claiming LTB erred by not considering maintenance issues. Divisional Court dismissed Tenant's appeal as without merit.

The ruling

The Divisional Court dismissed the tenant's appeal of the LTB order terminating tenancy for non-payment of rent. The court found the appeal to be without merit and an abuse of process. The stay of eviction was vacated, and the Sheriff was directed to give immediate possession to the landlord, not before June 29, 2016. Costs of $4,545.78 were awarded to the landlord.