11208365 Canada Inc. v Featherstone

Landlord wins · Hamilton · 2025-06-12

Adjudicator

Candace Aboussafy

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

11208365 Canada Inc.

Tenant

P.F., A.S.

Landlord rep

Paul Startek

What happened

The Tenants requested a review of an eviction order issued without their attendance, claiming they did not receive the hearing notice due to technical issues and lack of proper service. The Board granted the review, cancelled the original order, and held a new hearing. In the new hearing, the parties addressed rent arrears. The Tenants did not seek to continue the tenancy and an agreement was reached on a move-out date. The Board issued a new order terminating the tenancy unless the full arrears are paid by a specific date, and ordering payment of arrears if the tenancy terminates.

The ruling

The Tenant's request for review was granted as they were not properly notified of the initial hearing. The original eviction order was cancelled. A new order was issued: the tenancy is terminated unless the Tenants pay $14,436.00 by June 20, 2025. If they fail to pay and do not move out by June 20, 2025, the Landlord can enforce eviction. If the tenancy is terminated, the Tenants must pay the Landlord $10,531.31 for rent arrears, plus daily compensation.