Tenant Wins Eviction Review: 1717068 Ontario Inc v Blake
Tenant wins eviction review in Hamilton rental dispute after termination order was improperly served
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1128 Upper Wellington Street, Hamilton, ON L9A3S6
Decision in favor of
tenant
Balance Owed to Landlord
$1,843
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2021
Hearing Date
Dec 2021
Order Date
Jan 6, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a previous order. The Tenant requested a review of the order terminating the tenancy.
Determinations
- Previous order required Tenant to pay $300 on 20th of each month and rent on 1st of each month
- Landlord filed ex parte application on July 21, 2021 claiming Tenant breached previous order, but Tenant had made payment that morning
- Tenant paid rent for August and September 2021
- Ex parte order terminating tenancy was enforced on September 8, 2021
- Tenant did not receive ex parte order, as evidenced by continued payments
- Termination order was cancelled, and previous order was also cancelled
- Tenant not responsible for rent between September 8, 2021 and December 17, 2021 when tenancy was reinstated
- Tenant owes $1,842.57 in arrears and costs up to December 31, 2021
Case Study
The Tenant's failure to receive the ex parte order terminating the tenancy was a serious error in the proceedings. Allowing the termination order to remain in place would be an abuse of process. The previous orders were cancelled, and the tenancy was reinstated.
Arguments and Actions
Landlord
Procedural Errors
Landlord's failure to properly serve the termination order on the Tenant
Tenant
Actions
Tenant made payments on August 20, 2021 and September 1, 2021 in accordance with previous order, indicating he did not receive the termination order.
Decision Summary
The previous order terminating the tenancy was cancelled. The tenancy was reinstated as of December 17, 2021. The Tenant is ordered to pay the Landlord $1,842.57 in arrears and costs by July 21, 2022, and to pay the monthly rent on the first of each month from January to July 2022. If the Tenant fails to make the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
Need assistance from an expert?
Sponsored
Financial Details
Rent Arrears
$1,843
Total Owing
$1,843 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.