Goncalves and Mallia v Aniugwu
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: Goncalves and Mallia v Aniugwu, LTB-L-105534-25-RV
File Number: LTB-L-105534-25
Timeline
Hearing Date
Apr 2026
Order Date
May 5, 2026
Decision
The Tenant's request for review is denied. The original order for termination and eviction remains in full effect and the stay of the order is lifted.
Dispute
The Tenant requested a review of an order terminating the tenancy due to rent arrears, citing personal and family stress for missing the original hearing. The Adjudicator found the Tenant failed to establish they were not reasonably able to participate and that the absence was due to a lack of diligence.
Determinations
- The Tenant failed to establish they were not reasonably able to participate in the original hearing.
- The absence was attributed to a lack of due diligence.
- The request for review is denied and the original order is confirmed.
Landlord's Arguments
Arguments
The Landlord argued for the immediate lifting of the stay due to prejudice caused by continued non-payment of rent.
Actions and Evidence
The Landlord maintained that they have not received rent since the initial application and cited financial hardship due to ongoing delays.
Considerations
Tenant's Arguments
Arguments
The Tenant argued they were experiencing significant personal and family stress that prevented participation in the initial hearing.
Actions and Evidence
The Tenant admitted to missing the hearing due to personal and work-related stress but failed to provide documentation verifying an inability to attend on the specific date.
Procedural Errors
Failure to attend the initial hearing and lack of due diligence in managing legal proceedings.
Considerations
Lack of due diligence
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