Tenant Wins Review of Eviction Order: SIREG Management Inc. v Baumtrog
Tenant Wins LTB Review in SIREG Management Inc. v Baumtrog Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 4 Balmoral Place, Brockville, ON K6V6J9
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2022
Order Date
Oct 19, 2022
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant and Sophia Baumtrog because the Tenant did not pay the rent that the Tenant owes. The application was resolved by order LTB-L-011947-22 issued on September 7, 2022. The Tenant requested a review of the order on September 19, 2022.
Determinations
- The Landlord's Representative acknowledged the error and requested the Board's consent to withdraw the application.
- The N4 Notice contains a serious error with respect to the rent owing for November 2021 which renders it void.
- The Tenant was not reasonably able to participate in the proceeding on September 1, 2022.
Case Study
The Tenant stated she did not receive the Notice of hearing for the proceedings held on September 1, 2022. The Board's record shows the Notice was couriered to the Tenant on August 16, 2022, which is not in accordance with the Board's usual administrative processes for issuance of Notices, suggesting there may have been an administrative error caused by the Board. The Tenant testified she received no couriered mail or regular mail from the Board containing the Notice. The Landlord also confirmed that they did not disclose evidence to the Tenant before the hearing, and therefore the Tenant wouldn't have been aware of the proceedings via any other method or through communication with the Landlord. The review is granted, and the application was heard de novo.
Arguments and Actions
Landlord
Procedural Errors
The Board's record shows the Notice was couriered to the Tenant on August 16, 2022 which is not in accordance with the Board's usual administrative processes for issuance of Notices, suggesting there may have been an administrative error caused by the Board.
Decision Summary
The request to review order LTB-L-011947-22 issued on September 7, 2022 is granted. The order is cancelled and cannot be enforced. The L1 application is dismissed.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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