Ling v Liu - LTB Review Order Grants Relief to Guarantor
LTB review order corrects error by removing guarantor's name from previous order
Summarized by RentZenLast updated: November 3, 2024
Case Summary
37 Todman Lane, Markham, ON L6E0C8
Dispute resolved in
agreement
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Aug 2024
Order Date
Sep 20, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and persistent late payment. The Tenant requested a review of the previous order, arguing that she was a guarantor, not a tenant, and was not properly served with the notice of hearing.
Determinations
- Amanda Sin Shing was not reasonably able to participate in the previous proceeding due to lack of notice
- The previous order contained a serious error by incorrectly listing Amanda Sin Shing as a tenant when she was only a guarantor
- Amanda Sin Shing's name will be removed from the order, but all other aspects of the order remain the same
Arguments and Actions
Landlord
Arguments
Amanda Sin Shing is a co-tenant, there was no specific clause as contained in the lease or as an addendum to deem her as a guarantor.
Tenant
Arguments
Amanda Sin Shing never received a Notice of Hearing to the December 20, 2023 hearing, nor was she served the N4 notice and only finding out about the Board Order through the Tenant.
Decision Summary
The request to review the previous order is granted. The previous order is varied to remove Amanda Sin Shing as a party/tenant, as she was found to be a guarantor and not a tenant.
Adjudicator Details
LTB Member
Total Orders
270
Landlord Favorable
91.1%
Tenant Favorable
5.6%
Mutual Agreement
3.3%
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