Aubin v Swire
Landlord wins · Stitsville · 2025-04-11
- Adjudicator
- Fabio Quattrociocchi
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- R.A.
- Tenant
- J.S.
- Landlord rep
- Trevor Jacquard
What happened
The Landlord applied to evict the Tenant for non-payment of rent. An initial order was issued in the Tenant's absence. The Tenant requested a review, which was granted, leading to a new hearing. At the new hearing, it was determined that the Tenant had accumulated substantial rent arrears over ten months. The Tenant's attempt to raise maintenance issues under section 82 was denied due to procedural failures, specifically failing to serve evidence on the Landlord and not complying with a previous interim order that required payment of ongoing rent.
The ruling
The tenancy is terminated unless the Tenant pays the Landlord $27,015.00 by April 22, 2025. If payment is not made, the Tenant must vacate by that date and is ordered to pay the Landlord $25,817.84 plus daily compensation of $51.12 from April 8, 2025, until moving out. The Tenant's request to raise maintenance issues was denied due to failure to serve evidence on the Landlord and breaching a prior interim order to pay ongoing rent. Relief from eviction was also denied due to the substantial arrears and the Tenant's admission of deliberately withholding rent.