Yonatan M. Kramer

The moving parties brought a motion for leave to appeal an order dated August 9, 2024.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving parties to pay costs of $3,000 to the responding party.

The appellant tenant appealed a Landlord and Tenant Board decision that required him to pay $50,000 in rent arrears to void an eviction order, arguing this exceeded the Board's $35,000 monetary jurisdiction.

The Divisional Court dismissed the appeal, affirming that while the Board cannot issue a standalone order for payment exceeding $35,000, this limit does not apply to the conditions a tenant must satisfy to void a termination order under the Residential Tenancies Act.

The court held that restricting 'pay to stay' conditions to the monetary limit would result in an absurdity, allowing tenants to obtain rent abatements by accumulating massive arrears.

The tenant appealed a Landlord and Tenant Board eviction order, triggering an automatic stay.

The landlord sought an order requiring the tenant to pay outstanding rent arrears and ongoing rent as a condition of maintaining the stay pending the appeal.

The tenant argued that the landlord's claim to arrears exceeding the Board's monetary jurisdiction was extinguished under s. 207(3) of the Residential Tenancies Act.

The Divisional Court ordered the tenant to pay the remaining $25,000 in arrears into trust and to continue paying regular monthly rent to maintain the stay, balancing the risks to both parties.