Telan v. Elm Place Inc.

Landlord wins · 2023-08-31

Adjudicator

Schabas J.

Dispute

Eviction, Non-payment of Rent

Landlord

Elm Place Inc.

Tenant

E.K.T.

Landlord rep

Timothy Duggan

Tenant rep

Paul Robson

What happened

Tenant sought a stay of a Landlord and Tenant Board order dated February 22, 2022, which terminated her tenancy due to non-payment of rent. The tenant had unsuccessfully appealed this order previously and was now appealing two June 2023 LTB orders that dismissed her attempt to void the eviction order.

The ruling

The court dismissed the tenant's motion for a stay of the eviction order. The tenant failed to establish a serious issue to be tried on a question of law, did not provide sufficient evidence of irreparable harm, and the balance of convenience was neutral. The court found it was not in the interests of justice to grant a stay given the prolonged legal proceedings and lack of merit in the appeal.