Trevex Developments Inc. v Omar - LTB Review Order
LTB upholds landlord's eviction order against tenant for non-payment of rent after denying tenant's review request
Summarized by RentZenLast updated: October 13, 2024
Case Summary
652 Victoria Street South, Cambridge, ON N2M3B1
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2023
Hearing Date
Jun 2024
Order Date
Aug 9, 2024
Tenancy End Date
Aug 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord also claimed charges related to NSF cheques. The Tenant requested a review of the original order.
Determinations
- Tenant alleges he was unable to reasonably participate due to missing evidence, but had ample opportunity to provide evidence and failed to do so
- Tenant's allegation of serious error regarding utilities being cut off was resolved by the hearing date
- Presiding member's decision on 11-day termination date was within reasonable range of outcomes
Case Study
The Tenant's request for review was denied. The Tenant was found to have had ample opportunity to provide evidence but failed to do so. The presiding member's decision on the termination date and refusal to refuse eviction under s. 83 was within the reasonable range of outcomes.
Arguments and Actions
Tenant
Arguments
Tenant argues the order contains a serious error regarding the termination date and the issue of utilities being cut off.
Actions
Tenant alleges important evidence was missing from the hearing due to issues with the Tribunals Ontario Portal.
Procedural Errors
Tenant failed to disclose evidence and list of issues in accordance with the Board's Rules of Procedure.
Decision Summary
The Tenant's request for review of the original order was denied. The original order terminating the tenancy and evicting the Tenant is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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