The appellant landlord appealed a Landlord and Tenant Board decision that stayed his eviction and rental arrears application against three joint tenants after one tenant filed for bankruptcy.
The Divisional Court found the LTB adjudicator made an error of law and breached procedural fairness by incorrectly advising the landlord that the bankruptcy stayed the entire proceeding against all tenants, rather than just the bankrupt tenant.
The court allowed the appeal, converted the application to seek arrears only, and ordered the two non-bankrupt tenants to pay $35,000 in rental arrears.
