The Estate Of Clifford Lee v Biggart
Landlord wins · Toronto · 2025-07-11
- Adjudicator
- Sheena Brar
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- T.E.O.C.L.
- Tenant
- R.B.
- Landlord rep
- C. Aylwin, Jason Lee (Estate Trustee)
- Tenant rep
- H. Scher
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to substantial rent arrears exceeding $50,000. The Tenant stopped paying rent in February 2022 when the original owner was moved to a nursing home and continued to withhold rent after the owner's death in March 2023. The Tenant alleged that the deceased owner had gifted the rental unit to him, despite the Estate providing notice of their intent to sell the property. The Tenant failed to provide any evidence of this gift or take legal action in a higher court.
The ruling
The LTB ordered the termination of the tenancy effective July 31, 2025, due to non-payment of rent. To avoid eviction, the Tenant must pay $52,266.00 by the termination date. If the Tenant does not void the order, he is ordered to pay $35,186.00 to the Landlord (representing the Board's jurisdictional limit plus the filing fee) and vacate the premises. The eviction was slightly delayed until the end of the month due to the long-term nature of the tenancy and the Estate's initial delay in providing instructions.