Landlord Wins Rent Dispute Review: Cote v Simeon, Gomez
LTB denies landlord's request to review previous order in Etobicoke rent dispute case
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2, 291 Royal York Road, Etobicoke, ON M8V2W1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2020
Hearing Date
Jun 2021
Order Date
Sep 29, 2021
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenants due to non-payment of rent, substantial interference, illegal acts, and inconsistent use of the rental unit. The application was resolved by a previous order, and the Landlord requested a review of the dismissal of the non-payment of rent application.
Determinations
- No serious error in the order or proceedings
- Payment made on April 1, 2020 was immaterial to the Member's decision
- Member's interpretation of subsection 136 was reasonable
- Landlord was on notice that the lawfulness of rent was at issue
- N1 notice was void due to lack of 90-day notice period
Case Study
The Member's interpretation of subsection 136 of the Residential Tenancies Act, 2006 was reasonable, and the lawfulness of the rent charged was inherently at issue in the application for arrears of rent. The Landlord's claims of serious errors in fact, law, and procedure were not substantiated.
Decision Summary
The request to review the previous order is denied. The order is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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