Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$33,834
to Landlord
Agree with the ruling?
Citation: Kenyon v. Bielak, 2016 ONSC 6162
File Number: TSL-73676-16
Application Date (Estimate)
Oct 2015
Tenancy End Date
Jun 2016
Hearing Date
Sep 2016
Order Date
Sep 30, 2016
We estimate Application Date using rent arrears. Tenancy ended before hearing.
The court quashed the tenant's appeal of the Landlord and Tenant Board order, set aside the stay of eviction, and ordered the tenant to pay $5,000 in costs to the landlord. The court found the appeal to be without merit and an abuse of process.
Tenant appealed a Landlord and Tenant Board order terminating tenancy and requiring payment of rent arrears. Landlord sought to quash the appeal. Tenant had not paid full rent for several months and owed significant arrears.
Landlord sought to quash tenant's appeal, arguing it was devoid of merit and an abuse of process.
Landlord initiated proceedings to terminate tenancy, recover arrears, and evict tenant due to persistent late payments and non-payment of rent.
Tenant filed a generic notice of appeal stating the Board erred in determining breach of lease, exceeded jurisdiction, and erred in law in granting the order.
Tenant restricted submissions to reasons for relief from eviction. Tenant explained the only basis for appeal was lack of funds to pay debt, but hoped circumstances would change.
Tenant failed to file proof of ordering transcript and take steps to perfect appeal within prescribed time.
Tenant continued to reside in the premises without paying rent, accumulating significant arrears.
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Lawful Rent
$3,800
Rent Arrears
$33,834
Application Fee
$170
Ordered Amount
$33,834 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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