The tenant appealed a Landlord and Tenant Board order terminating his tenancy for non-payment of rent and ordering him to pay $25,000 in arrears.
The tenant argued he owed no rent because the landlord had abandoned the property for six years, failed to maintain it, and that the claim was barred by laches.
The Divisional Court dismissed the appeal, finding the Board correctly limited the tenant's repair claims to a one-year period under the Residential Tenancies Act and correctly held that the equitable doctrine of laches does not apply to statutory claims for rent arrears, which have no limitation period.
