Kipling Residential Management 5 v Gupta
Last updated: February 7, 2026
Order
Ordered by Amanda Kovats,Tribunals Ontario under Section 21.2, Statutory Powers Procedure Act and the Residential Tenancies Act, 2006
Decision in favor of
Landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Kipling Residential Management 5 v Gupta, 2025 ONLTB 95013
File Number: LTB-L-093538-23-RV
Timeline
Order Date
Dec 8, 2025
Decision
The Tenant's request for a review of the order dated November 13, 2025, is denied. The original order, which terminated the tenancy and ordered eviction due to non-payment of rent, remains in full force. The Board found no serious errors in the original adjudicator's decision-making process.
Dispute
The Tenant requested a review of an order that terminated the tenancy for non-payment of rent. The Tenant argued that the Board erred by not hearing maintenance issues (Section 82), improperly considering a separate eviction order as a reason to deny relief, and that the arrears calculation was unclear. The Tenant also claimed he was unable to participate fully because he only secured legal representation just before the hearing.
Determinations
- No serious error was made in refusing to hear Section 82 issues due to missed deadlines and lack of particulars
- The Tenant previously agreed to the accuracy of the arrears claim
- No error occurred in denying relief from eviction as the parties agreed it was unnecessary at the time
- The Tenant actively participated in the hearing and was represented by counsel
- A review is not an opportunity to reargue a case that has been determined
Landlord's Arguments
Actions and Evidence
The Landlord provided information about the claim during the hearing which the Tenant initially indicated was accurate.
Tenant's Arguments
Arguments
The Tenant claimed it was a serious error not to hear section 82 issues, that an unrelated eviction order was improperly considered, and that the arrears were not adequately explained.
Actions and Evidence
The Tenant argued that he was not reasonably able to participate because he only secured representation just before the hearing.
Procedural Errors
The Tenant missed the deadline for providing a list of issues by more than a year.
Considerations
Tenant missed a deadline to provide maintenance issues by more than a year.
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