Park v Shah
Last updated: February 7, 2026
Order
Ordered by Benjamin Seigel,Tribunals Ontario under Section 21.2, Statutory Powers Procedure Act and the Residential Tenancies Act, 2006
Decision in favor of
Landlord
Previous Order
Upheld
Agree with the ruling?
Citation: Park v Shah, 2025 ONLTB 64245
File Number: LTB-L-013928-25-RV
Timeline
Tenancy End Date
Apr 2025
Hearing Date
Jul 2025
Order Date
Aug 21, 2025
Decision
The LTB denied the Tenants' request for review. The original order from May 22, 2025, which terminated the tenancy and ordered payment, remains in full force. The stay of the original order is lifted immediately.
Dispute
The Tenants requested a review of an eviction order issued on May 22, 2025. They claimed they did not receive proper hearing details and that the N4 notice was invalid due to incorrect rent calculations. The Landlord countered that the arrears were accurate and the LTB records showed an amended notice was sent to the Tenants. The Tenants had already vacated the unit prior to the initial hearing.
Determinations
- The Tenants failed to prove a serious error regarding the N4 notice amount.
- The N4 notice amount of $1,290.00 was correct after removing a filing fee for a separate matter.
- The Tenants had moved out on April 30, 2025, meaning the tenancy terminated by their departure regardless of notice validity.
- An amended notice with full hearing details was sent to the Tenants via email and physical mail.
- The Tenants failed to exercise reasonable diligence to attend the original hearing.
- No serious error occurred in the original proceedings.
Landlord's Arguments
Arguments
Maintained that the notice was valid and that the Tenants were properly served with hearing information.
Actions and Evidence
The Landlord provided clear accounting statements to prove the N4 amount was correct once a non-rent fee was deducted.
Tenant's Arguments
Arguments
Argued that a serious error occurred because the N4 notice amount was incorrect and they were denied natural justice by not being able to participate in the hearing.
Actions and Evidence
Tenants claimed the N4 was invalid and that they missed the hearing because the notice was blank, despite receiving an email with the hearing date. Their representative stated they were 'busy college students' and did not have time to check all documents.
Procedural Errors
Failed to check amended hearing notices or follow up on a scheduled hearing they were notified about via email.
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