The decision addresses a motion by landlords Juan Liu and Bobin Rui to lift the stay of proceedings under section 69.3(1) of the Bankruptcy and Insolvency Act (BIA) in respect of their tenant, Leanna Mae Snaith, who had filed for bankruptcy after eviction orders were made against her.
The court reviews the procedural history, including the Landlord and Tenant Board (LTB) orders, review and appeal proceedings, and the bankruptcy filing.
The court finds that the eviction order is not a "claim provable in bankruptcy" and thus not subject to the stay, or, in the alternative, that the stay should be lifted under section 69.4 of the BIA due to material prejudice to the landlords.
The court also provides guidance on the interaction between residential tenancy law and bankruptcy, and addresses costs.
