Mufti v Smith
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Mufti v Smith, LTB-L-093224-25-RV, 2026 ONLTB 26424
File Number: LTB-L-093224-25
Timeline
Application Date (Estimate)
Dec 2025
Hearing Date
May 2026
Order Date
May 5, 2026
Tenancy End Date
May 2026
We estimate Application Date using rent arrears.
Decision
The request for review is granted. The previous order is cancelled due to an error in the payment status. A new order is issued terminating the tenancy for non-payment of rent, with an opportunity for the Tenant to void the termination by paying the arrears by May 31, 2026.
Reason for Eviction Relief
Postponement of eviction allowed under subsection 83(1)(b) to allow the Tenant to pay arrears.
Dispute
The Landlord applied to terminate the tenancy for non-payment of rent. A previous order was issued, which the Tenant requested to review. The review found that the Tenant had made a required payment, leading to the cancellation of the original order. The adjudicator then issued a new order for termination for arrears.
Determinations
- The request to review the original order is granted.
- The original order contained a serious error regarding the Tenant's payment, and is cancelled.
- The Tenant failed to void the N4 notice by paying arrears by the termination date.
- The Landlord is entitled to termination and the amounts calculated in the arrears.
- Eviction is postponed until May 31, 2026 to provide the Tenant an opportunity to retain the tenancy by paying the specified arrears.
Landlord's Arguments
Actions and Evidence
Landlord acknowledged that the Tenant had made a payment which was not reflected in the previous order.
Considerations
Tenant's Arguments
Actions and Evidence
Tenant requested a review of the original order. Tenant failed to pay the full arrears by the deadline originally established.
Considerations
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