Smallhorn v Gutta

Landlord wins · 2020-12-22

Adjudicator

Chown J.

Dispute

Appeal Of Ltb Decision, Non-payment of Rent

Landlord

K.G., V.K.S.V.G.

Tenant

K.S., S.C.

Landlord rep

David S. Strashin

What happened

Tenants appealed an LTB decision ordering them to pay rent arrears or move out. Landlords moved to quash the appeal as it was filed late and lacked merit. The court found the appeal devoid of merit as it raised no question of law, and an abuse of process as tenants had not paid rent for over a year.

The ruling

The court quashed the tenants' appeal of the LTB decision, finding it devoid of merit as it raised no question of law. The court also found the appeal to be an abuse of process, as tenants had not paid rent for over a year and appeared to be using the appeal to delay eviction. The stay of proceedings was vacated, allowing the landlord to proceed with eviction.