Starlight blackstar OPCO 2 ULC v Reginio - LTB Review Order
LTB review order cancels eviction against tenant Salvacion Reginio due to landlord's failure to properly identify the tenant, orders landlord to pay tenant's costs
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 3045 Queen Frederica Dr, Mississauga, ON L4Y3A2
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2022
Hearing Date
Sep 2023
Order Date
Sep 20, 2023
Dispute Summary
The landlord applied to terminate the tenancy and evict the tenant due to non-payment of rent. The application was resolved by an order issued on May 24, 2023. The tenant later requested a review of the order and a stay of the order until the review is resolved.
Determinations
- Landlord identified wrong tenant on N4 notice and L1 application
- Tenant, Salvacion Reginio, was not served notice of hearing
- Tenant was not reasonably able to participate in original proceeding
- Landlord requested application be withdrawn as tenant paid all rent owing
- Landlord to pay tenant $939 for review filing fee and legal costs
Case Study
The landlord identified the wrong tenant on the N4 notice and L1 application. The tenant, Salvacion Reginio, was not properly served with the notice of hearing and was not able to participate in the original proceeding. The landlord failed to amend the application to correct the error.
Arguments and Actions
Landlord
Procedural Errors
The landlord failed to serve an amended L1 application to the correct tenant, Salvacion Reginio, either before the original hearing or the review hearing.
Decision Summary
The request to review the order issued on May 24, 2023 is granted. The original order is cancelled, and the application is dismissed. The landlord is ordered to pay the tenant $939 for the review filing fee and legal costs.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Application Fee
$186
Total Owing
$939 (Owed to Tenant)
Source
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