1001235 Ontario Ltd. v Gonsalves

Tenant wins · Waterloo · 2025-11-05

Adjudicator

Amanda Kovats

Dispute

Non-payment of Rent, Substantial Interference, Tenant Rights

Notice

Non-payment of rent (N4)

Landlord

1001235 Ontario Ltd.

Tenant

G.G., M.H.

Landlord rep

George Hannoush, Paul Hannoush

What happened

The Landlord applied to terminate the tenancy for non-payment of rent, while the Tenants raised Section 82 issues regarding interference with their reasonable enjoyment. Specifically, the Tenants alleged the Landlord moved pick-up and drop-off locations for taxis and Ubers, which Tenant 1 relies upon due to a visual impairment. The Landlord sought a review of the initial order, arguing it contained an error of fact by misidentifying a piece of correspondence as an email when it was actually a letter. The Board determined that while the medium was incorrectly identified, the fact that the communication occurred and was ignored by the Landlord remained established, meaning the error was not 'serious' enough to change the outcome.

The ruling

The Landlord's request for a review of order LTB-L-098906-23 is denied. The Board confirmed that the error in mislabeling a letter as an email did not constitute a serious error as it would not have altered the findings regarding the Landlord's interference with the visually impaired Tenant's rights. The stay of the previous order is lifted immediately, and the original decision remains in full effect.