Landlord Wins Rent Arrears Case: Drewlo Holdings Inc v Wafai Wierzbicki
London landlord's rent arrears order upheld after tenant fails to attend review hearing
Summarized by RentZenLast updated: July 22, 2024
Case Summary
812, 810 Capulet Lane, London, ON N6H0G9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Feb 25, 2022
Dispute Summary
Landlord applied for an order requiring Tenant to pay the rent that the Tenant owed. The application was resolved by order HOL-11657-21 issued on December 10, 2021. The Tenant requested a review of the order on January 17, 2022.
Determinations
- Hearing Member did not err in failing to consider issues not before her
- Landlord sought order requiring Tenant to pay rent owed
- Tenant did not attend hearing and provided no explanation for absence
- Tenant did not provide information prior to hearing about intent to raise issues under subsection 87(2) of the Act
- Tenant's request to review does not raise issues with hearing Member's interpretation or application of law or findings of fact
Case Study
The Tenant's request to review does not raise any issue with respect to the hearing Member's interpretation or application of the law. Nor does the request to review raise any issue with respect to the hearing Member's findings of fact. The Tenant did not attend the hearing and the request to review provides no explanation for the Tenant's absence. In these circumstances, and in circumstances where the Board's record reveals that the Tenant provided no information prior to the hearing that the Tenant intended to raise any issues under subsection 87(2) of the Act, it cannot be said that the hearing Member erred in failing to consider issues that were not before her.
Arguments and Actions
Tenant
Actions
Tenant claims issues with pets and cigarette smoke in the residential complex, and the effects on the Tenant and his family.
Procedural Errors
Tenant did not attend the hearing and provided no explanation for absence.
Decision Summary
The request to review order HOL-11657-21 issued on December 10, 2021 is denied. The order is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
721
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.4%
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