Aubin v Swire

The Landlord argued that no last month's rent deposit was paid, relying on the tenancy agreement as evidence. The Landlord's representative highlighted the Tenant's procedural failures, including not serving s. 82 evidence and breaching the interim order to pay rent, as grounds for dismissing the Tenant's claims.

The Landlord filed an N4 notice and subsequent L1 application for non-payment of rent. The Landlord presented the signed tenancy agreement as evidence that no rent deposit was collected at the start of the tenancy.

The Tenant argued that a last month's rent deposit had been paid in cash. He attempted to raise issues under section 82 of the RTA. He also claimed he did not receive a crucial interim order because he had requested the Board use regular mail instead of his non-working email.

The Tenant stopped paying rent for ten months, resulting in arrears over $26,000. The Tenant claimed to have paid a last month's rent deposit in cash without any proof. He attempted to raise s. 82 issues but failed to serve evidence on the Landlord and breached an interim order to pay ongoing rent. The Tenant admitted to 'deliberately withholding his rent payments' and stated he is 'in the process of filing for bankruptcy and including these arrears in his bankruptcy.'

The Tenant failed to serve his section 82 evidence on the Landlord or their representative as required by Rule 19.4 and breached the payment conditions of the interim order issued on February 14, 2025.

Tenant admitted to deliberately withholding rent payments for ten months and stated he was in the process of filing for bankruptcy to include the substantial arrears.