Bankruptcy (LTB): Difference between revisions
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==[http://canlii.ca/t/25ts9 SWL-16920-SA (Re), 2008 CanLII 82446 (ON LTB)]== | ==[http://canlii.ca/t/25ts9 SWL-16920-SA (Re), 2008 CanLII 82446 (ON LTB)]== | ||
1. The Tenant filed an assignment in bankruptcy on April 30, 2008. | |||
2. The Landlords and Tenant entered into a mediated agreement on May 1, 2008, which included arrears from February 1, 2008 to May 31, 2008. | |||
3. The Landlords subsequently made a claim to the Trustee in Bankruptcy for the same arrears for the period from February 1, 2008 to May 31, 2008. | |||
4. The Landlords applied for termination of the tenancy along with the payment of arrears. | |||
5. The Bankruptcy and Insolvency Act, R.S.C. 1985, B-3, as amended, (BIA) under section 69.3 causes an automatic stay in proceedings when there has been an assignment in bankruptcy. As a result, I find that the original application, SWL-13890 was stayed when the Tenant made an assignment into bankruptcy and therefore the Landlord and Tenant Board had no jurisdiction to order termination and payment of arrears in SWL-16920 because it is based on SWL-13890 which is stayed as a result of the assignment in bankruptcy. | |||
Revision as of 21:45, 24 April 2020
SWL-16920-SA (Re), 2008 CanLII 82446 (ON LTB)
1. The Tenant filed an assignment in bankruptcy on April 30, 2008.
2. The Landlords and Tenant entered into a mediated agreement on May 1, 2008, which included arrears from February 1, 2008 to May 31, 2008.
3. The Landlords subsequently made a claim to the Trustee in Bankruptcy for the same arrears for the period from February 1, 2008 to May 31, 2008.
4. The Landlords applied for termination of the tenancy along with the payment of arrears.
5. The Bankruptcy and Insolvency Act, R.S.C. 1985, B-3, as amended, (BIA) under section 69.3 causes an automatic stay in proceedings when there has been an assignment in bankruptcy. As a result, I find that the original application, SWL-13890 was stayed when the Tenant made an assignment into bankruptcy and therefore the Landlord and Tenant Board had no jurisdiction to order termination and payment of arrears in SWL-16920 because it is based on SWL-13890 which is stayed as a result of the assignment in bankruptcy.
