Talk:Constitutional Question, Bankruptcy & RTA Termination
Evidence Issues
- TSL-62310-15-IN (Re), 2015 CanLII 85061 (ON LTB), <https://canlii.ca/t/gmmtc>, retrieved on 2024-11-04
Cases to Review
- Alberta (Attorney General) v. Moloney, 2015 SCC 51 (CanLII), [2015] 3 SCR 327, <https://canlii.ca/t/gm22l>, retrieved on 2024-11-04
Test Case
- Agreed Facts,
- The (order) for termination was issued on September 25, 2024.
- The date in the order to pay the arrears by was October 15, 2024.
- The tenant was issued a stay by way of entry into bankruptcy on October 11, 2024.
- The request to review was filed on October 15, 2024.
- The board issued a stay of proceedings for the L1 Order on October 16, 2024, pending a review.
- There are no reasonable grounds for upholding the review, and thus, the stay must be lifted.
The problem is that under the RTA, there is no way to stop a termination post order under the current schema.
