Landlord Wins Review Order: Gill v Dukhcharran 2024
Tenant's review of eviction order fails after 30 months of unpaid rent in Etobicoke rental dispute
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 10 Pamela Crt, Etobicoke, ON M9V2C3
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
May 2024
Order Date
May 22, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Tenant requested a review of the original order and a stay of the eviction.
Determinations
- Tenant did not prove inability to participate in original hearing
- Original order lacked adequate section 83 considerations
- No change to original eviction order after review
Case Study
Review of original order based on claims of inability to participate and serious error in the original hearing.
Arguments and Actions
Landlord
Arguments
Tenant failed to make rent payments for 30 months
Actions
Conducted unit inspection, placed notice for key retrieval
Tenant
Arguments
Not reasonably able to participate in proceedings, serious error in original hearing
Actions
Claimed hospitalization, changed locks, vacated unit, claimed to have tried contacting landlord
Procedural Errors
Failed to provide evidence of hospitalization
Decision Summary
Review request granted but original eviction order confirmed. Tenant failed to prove inability to participate in original hearing and lacks a realistic payment plan for substantial rent arrears.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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