Landlord Wins Review Hearing: Khoshaba v Franze 2024
LTB denies tenant's request to review eviction order for non-payment of rent in London
Summarized by RentZenLast updated: August 6, 2024
Case Summary
126 Ernest Ave, London, ON N6E2W3
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Jul 2024
Order Date
Jul 22, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants had vacated the rental unit prior to the hearing date.
Determinations
- Neither Tenant attended the May 16, 2024 hearing
- Tenants were not reasonably able to participate in the proceeding
- Tenants' explanation for absence was not credible
- Tenants did not provide sufficient evidence to support their claims
- Paralegal was never retained by the Tenants
Case Study
The Tenants were not reasonably able to participate in the proceeding. The Tenants' explanation for their absence, including mental and physical disorders, a family tragedy, and a belief that they were represented by a paralegal, were not found to be credible. The Tenants did not provide sufficient evidence to support their claims, and the paralegal testified that he was never retained by the Tenants. The Tenants did not have a genuine intention to participate in the hearing process.
Arguments and Actions
Tenant
Procedural Errors
Tenants failed to attend the May 16, 2024 hearing without a reasonable explanation
Decision Summary
The request to review order LTB-L-026771-24 issued on May 27, 2024 is denied. The order is confirmed and remains unchanged. The interim order issued on June 18, 2024 is cancelled. The stay of order LTB-L-026771-24 is lifted immediately.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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