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Summarized by RentZenLast updated: October 13, 2024
Unit ****, 1201 Walden Cir, Mississauga, ON L5J4M9
Decision in favor of
landlord
Previous Order
Upheld
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Application Date
May 2023
Hearing Date
Mar 2024
Order Date
Mar 22, 2024
The Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. The application was initially heard on May 23, 2023, where the parties agreed to resolve part of the application and return on another date to resolve the rent arrears and potential section 82 claims. The Tenants agreed to vacate the unit by June 30, 2023. The adjourned hearing was scheduled for December 15, 2023, but only the Landlord's representative attended. The Tenants requested a review of the order issued on January 5, 2024, alleging they were not reasonably able to participate in the December 15, 2023 hearing.
The Board found that the Tenants did not exercise reasonable diligence in this case. The Tenants agreed to vacate the unit by June 30, 2023 but did not inform the Board or the Landlord of a forwarding address. The Tenant who consented to email service also did not regularly check her email folders, and the Board's records showed the notice of hearing was sent as required.
The Landlord's legal representative opposed the Tenant's request to review. She submits that the Tenants were aware that the first hearing was adjourned and would reasonably anticipate a new notice of hearing to be sent out. She submits that the Tenants did not inform anyone of a forwarding address. She submits that J. Mullings specifically consented to service from the Board by email and that she received other documents that way that did not end up in her junk mail.
The Tenants allege that they were not reasonably able to participate in the hearing that took place on December 15, 2023.
The Tenant, J. Mullings testified that she did not receive the notice of hearing for the hearing on December 15, 2023. She testified that she found it in her "junk" mail folder in her Gmail account after December 15, 2023. G. Mullings testified that he did not receive the notice of hearing at all.
The Tenant's request to review order LTB-L-009029-23 issued on January 5, 2024 is denied. The order is confirmed and remains unchanged. The interim order issued on January 30, 2024 is cancelled, and the stay of order LTB-L-009029-23 is lifted immediately.
LTB Member
470
96.2%
3.2%
0.6%
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