Bhajan v Tirbany
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Previous Order
Upheld
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Citation: Bhajan v Tirbany, LTB-L-026849-25-RV
File Number: LTB-L-026849-25
Timeline
Hearing Date
Apr 2026
Order Date
May 29, 2026
Decision
The Tenant's request for review of the original order is denied. The original order remains confirmed, and the stay is lifted.
Dispute
The Tenant requested a review of an order concerning a claim for damage to property. The Tenant argued that the original member erred by refusing to accept their documentary evidence. The review member found that the evidence had not been served in accordance with the rules of procedure and that the original decision was reasonable.
Determinations
- The Landlord's evidence was properly served in accordance with the Board's rules.
- The Member did not err by refusing to accept the Tenant's late evidence.
- The request for review failed to demonstrate a serious error in the original order or proceedings.
Landlord's Arguments
Arguments
The Landlord maintained that service was completed in accordance with Board requirements.
Actions and Evidence
The Landlord testified to mailing the document package to three different addresses, which was supported by the Certificate of Service.
Considerations
Tenant's Arguments
Arguments
The Tenant argued that the original member erred by rejecting their documentary evidence, citing delays in portal access and receipt of the Landlord's disclosure package.
Actions and Evidence
The Tenant claimed to be out of the country and unaware of the proceedings until mid-January, and stated they forwarded the Landlord's package to their representative unopened.
Procedural Errors
Failed to serve documentary evidence at least seven days before the hearing.
Considerations
Need assistance from an expert?
Similar Cases
Click to switch between order outcomes
12008491 Canada Inc. v Kalima
The Tenant's request for review of an eviction order was dismissed because the Tenant had vacated the rental unit.
Lang v Neely
The Landlord was granted a conditional eviction order after proving substantial interference by the Tenant and their guests, though claims of property damage were dismissed.
12008491 Canada Inc. and T****** Beatrice Kalima
A review order was dismissed as moot because the tenant had already vacated the rental unit.
Kingsway A Limited v Ramachandran
The Landlord's application for eviction due to property damage was successful, but the Tenant was granted relief on the condition of paying for repair costs in installments.
12008491 Canada Inc. v Kalima
The Tenant's request for review of an eviction order was dismissed because the Tenant had vacated the rental unit.
Lang v Neely
The Landlord was granted a conditional eviction order after proving substantial interference by the Tenant and their guests, though claims of property damage were dismissed.
12008491 Canada Inc. and T****** Beatrice Kalima
A review order was dismissed as moot because the tenant had already vacated the rental unit.
Kingsway A Limited v Ramachandran
The Landlord's application for eviction due to property damage was successful, but the Tenant was granted relief on the condition of paying for repair costs in installments.
12008491 Canada Inc. v Kalima
The Tenant's request for review of an eviction order was dismissed because the Tenant had vacated the rental unit.
Lang v Neely
The Landlord was granted a conditional eviction order after proving substantial interference by the Tenant and their guests, though claims of property damage were dismissed.
12008491 Canada Inc. and T****** Beatrice Kalima
A review order was dismissed as moot because the tenant had already vacated the rental unit.
Kingsway A Limited v Ramachandran
The Landlord's application for eviction due to property damage was successful, but the Tenant was granted relief on the condition of paying for repair costs in installments.
12008491 Canada Inc. v Kalima
The Tenant's request for review of an eviction order was dismissed because the Tenant had vacated the rental unit.
Lang v Neely
The Landlord was granted a conditional eviction order after proving substantial interference by the Tenant and their guests, though claims of property damage were dismissed.
12008491 Canada Inc. and T****** Beatrice Kalima
A review order was dismissed as moot because the tenant had already vacated the rental unit.
Kingsway A Limited v Ramachandran
The Landlord's application for eviction due to property damage was successful, but the Tenant was granted relief on the condition of paying for repair costs in installments.
12008491 Canada Inc. and T****** Beatrice Kalima
A review order was dismissed as moot because the tenant had already vacated the rental unit.
Tian v Keshvari
The Landlord's application for termination was denied, and the Tenant was ordered to pay for a thermostat replacement, while the Tenant's cross-applications were dismissed.
Tian v Keshvari
The Landlord's eviction application was dismissed, but the Tenant was ordered to pay for specific property damage; the Tenant's applications for harassment and maintenance issues were dismissed.
The Landlord's application for property damages was partially successful after the adjudicator drew an adverse inference against the Landlord for failing to produce a key witness.
Latest Insights from Our Blog
Stay informed with expert analysis on rental law, tenant rights, and LTB decisions
The N11 Agreement Trap: When 'Mutual' Terminations Aren't Really Mutual in Ontario
Exploring how N11 agreements are often signed under duress or misunderstanding, leading to disputes about whether terminations were truly voluntary and the legal standards for challenging these agreements.
How to Enforce an LTB Payment Order in Ontario Small Claims Court (2026 Guide)
Won money at the LTB but nobody paid? Learn how Ontario landlords and tenants register tribunal orders in Small Claims Court, use garnishment, debtor examinations, and writs of seizure to collect.
The Digital Divide: How Technology is Changing LTB Proceedings and Access to Justice
Explore how the shift to virtual hearings and digital processes at the LTB is creating new challenges and opportunities for access to justice. Learn about technological barriers, procedural fairness issues, and what parties need to know about navigating digital proceedings.
Need Legal Help? We've Got You Covered
Whether you need to find qualified legal professionals or post your specific legal needs to get competitive quotes, our platform connects you with the right help.
Find Legal Professionals
Browse our directory of verified paralegals and lawyers specializing in Ontario rental law and LTB matters.
Browse ProfessionalsPost Your Legal Needs
Describe your legal situation and receive competitive quotes from qualified professionals in our marketplace.
Post a BountyJoin thousands of Ontarians who have found legal help through our platform