1174739 Ontario Ltd v Herman

Tenant wins · Niagara Falls · 2025-10-21

Adjudicator

Madeline Ntoukas

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

1174739 Ontario Ltd

Tenant

R.H.

Landlord rep

Natalia Ospina

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent. During the hearing, the Tenant disputed the Landlord's accounting. The Landlord was represented by a friend who lacked firsthand knowledge of the tenancy details, including the start date and the existence of a rent deposit. No rent ledger was provided to support the Landlord's claim.

The ruling

The Landlord's application for termination and eviction based on non-payment of rent is dismissed. The Landlord's representative lacked credibility and sufficient knowledge of the tenancy, and the Landlord failed to provide a rent ledger to substantiate the alleged arrears. The Tenant's counter-claims were also dismissed for procedural non-compliance.