Landlord Wins Review Order: Drewlo Holdings Inc. v Carruthers 2023
LTB upholds landlord's eviction order against tenant owing $16216 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1066 Commissioners Rd W, London, ON N6K3S3
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Aug 9, 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant requested a review of the order, claiming she was not reasonably able to participate in the previous hearing as she did not receive the notice of hearing.
Determinations
- Tenant was served notice of hearing by mail on January 17, 2023
- Landlord delivered evidence package containing notice to Tenant's door on March 8, 2023
- Tenant's testimony was inconsistent and not reliable
- Board not satisfied Tenant was not reasonably able to participate in previous hearing
Case Study
The Board found that the Tenant was served the notice of hearing by mail on January 17, 2023, and the Landlord also delivered an evidence package containing the notice to the Tenant's door on March 8, 2023. The Tenant's testimony was found to be inconsistent and not reliable. The Board was not satisfied that the Tenant was not reasonably able to participate in the previous hearing.
Arguments and Actions
Landlord
Actions
Landlord submitted evidence that the notice of hearing was delivered to the Tenant's door on March 8, 2023.
Tenant
Arguments
Tenant claims she was not reasonably able to participate in the previous hearing because she did not receive the notice of hearing.
Actions
Tenant claims she did not receive the notice of hearing, but has not paid rent for over a year and has received numerous notice letters from the Landlord.
Decision Summary
The request to review the previous order is denied. The previous order is confirmed and remains unchanged. The interim stay order is cancelled, and the stay of the previous order is lifted immediately.
Adjudicator Details
LTB Member
Total Orders
270
Landlord Favorable
91.1%
Tenant Favorable
5.6%
Mutual Agreement
3.3%
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Financial Details
Rent Arrears
$16,216
Total Owing
$16,216 (Owed to Landlord)
Source
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