13478670 Canada Inc. v Lonlear
Landlord wins · Kingston · 2025-08-28
- Adjudicator
- Dawn Carr
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- 13478670 Canada Inc.
- Tenant
- W.L.
- Landlord rep
- Ameel Agha, Babak Karimkhani
- Tenant rep
- John Done, William Florence
What happened
The Landlord applied for eviction due to non-payment of rent. An initial order was issued in February 2025 following a hearing the Tenant did not attend. The Tenant requested a review, explaining that their legal representatives failed to calendar the hearing date. The LTB granted the review based on procedural fairness, as the error was the representatives' fault and the risk of homelessness for the Tenant was significant. A de novo hearing was held where it was revealed the Tenant had paid almost no rent in three years and had breached a previous interim order to pay rent on time. The arrears exceeded $35,000.
The ruling
The LTB granted the review and cancelled the previous order, but ultimately ordered the termination of the tenancy. The Tenant owes $33,542.30 to the Landlord. The Tenant may void the eviction by paying $39,036.00 by August 31, 2025, or $40,236.00 by September 8, 2025. If the amounts are not paid, the Tenant must vacate by September 8, 2025, and the Landlord may enforce the eviction through the Sheriff on or after September 9, 2025.