Last updated: July 22, 2024
Ordered by Camille Tancioco,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: Gerber v Nieto, 2022 CanLII 108709
File Number: SWL-53490-21
Application Date
Jan 2021
Hearing Date
Jan 2022
Order Date
Feb 17, 2022
The Landlord's application is withdrawn without prejudice.
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord has also applied for an order requiring the Tenants to compensate the Landlord for the damage.
It would be prejudicial to the Landlord to deny her ability to file against the Tenants for the damage to the unit.
The Landlord failed to serve on the Tenants the evidence she intended to rely on at the hearing in accordance with the Board's Rules.
The matter should be withdrawn with prejudice because the Tenants' legal representative contacted the Landlord in advance of the hearing to receive evidence, but she declined. Further, the Tenants took off work and incurred costs to attend the hearing.
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