Rocca v Fex

The Landlord argued against the adjournment request, stating proper service was made and a delay would be prejudicial. The Landlord contended that once non-receipt of rent is asserted, the evidentiary burden shifts to the Tenant to prove payment, which was not met. The Landlord argued that failure to pay for utilities as agreed upon constituted substantial interference with their lawful interest.

The Landlord filed applications for rent arrears and substantial interference due to unpaid utilities. The Landlord provided testimony and a signed rental application indicating the Tenant was responsible for hydro. The Landlord paid the outstanding hydro bills to prevent service disconnection and stated reliance on rent payments to cover property expenses.

The Tenant requested an adjournment, claiming late receipt of the Notice of Hearing and needing time to secure legal counsel. The Tenant disputed the amount of rent arrears and argued that paying for hydro was not part of the tenancy agreement. The Tenant also raised the issue of the Landlord's alleged harassment as a reason to refuse eviction.

The Tenant did not pay rent from December 2023 onwards and failed to pay any hydro bills. At the hearing, the Tenant claimed to have made payments but provided no proof. The Tenant alleged the Landlord altered the rental application to include the hydro clause but could not produce an original copy. The Tenant also alleged the Landlord had yelled and screamed at him during the summer of 2024, leading to a police call.

Failed to provide any evidence to support claims of rent payment or alteration of the tenancy agreement. Did not contact the Board to request rescheduling upon receiving the hearing materials.

Accumulated significant rent arrears of over $15,000 and failed to pay any utility bills for over a year, causing financial hardship to the landlord.