Trust Construction Corporation v. McKie

Landlord wins · 2017-08-02

Adjudicator

Nordheimer J.

Dispute

Eviction, Non-payment of Rent

Landlord

Trust Construction Corporation

Tenant

D.M.

Landlord rep

David S. Strashin

What happened

Tenant appealed an order of the Landlord and Tenant Board that dismissed her application to set aside an ex parte order terminating the tenancy, evicting the tenant, and ordering payment of rent arrears. The ex parte order was based on the tenant's breach of an earlier consent order regarding rent arrears payment.

The ruling

The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision. The court found no legal basis to interfere with the Board's ruling, which had dismissed the tenant's application to set aside an ex parte order terminating the tenancy and evicting the tenant. The court emphasized that the tenant could not revisit a previous consent order and that the Board's review powers had been exhausted.