Axes Investments Inc. v Asquith

Landlord wins · Toronto · 2025-11-28

Adjudicator

Dana Wren

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

Axes Investments Inc.

Tenant

M.A., D.D.D.

Landlord rep

Faith McGregor, Cornelia Frasia

What happened

The Landlord applied to terminate the tenancy based on persistent late payment of rent. An order was issued in favor of the Landlord after a hearing in June 2025 which the Tenants did not attend. The Tenants subsequently requested a review of the order, claiming they were confused by a separate non-payment of rent application that had been discontinued after they paid the arrears. They believed the entire file had been closed and therefore did not attend the scheduled hearing for the persistent late payment application. The Landlord opposed the review, arguing that the Tenants were properly notified and failed to exercise due diligence.

The ruling

The Tenants' request to review the eviction order was denied. The Board confirmed that the Tenants were properly notified of the original hearing and that their failure to attend was due to a lack of due diligence. The original order issued on September 26, 2025, remains in effect. The stay of the eviction order is lifted as of January 9, 2026.