Barua v Hormiz

Tenant wins · Brampton · 2025-06-19

Adjudicator

Dana Wren

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

A.B.

Tenant

H.F.H., R.S.

Landlord rep

Bruce Parsons

Tenant rep

Salam Mishaal

What happened

The Landlord applied for a review of a prior order that had dismissed his application for rent arrears against the Tenants. The Landlord argued the original Member made a serious error by failing to consider evidence about the lawful rent amount and not making a determination on it. The reviewing Member found that there was no serious error, as the Landlord had failed to provide sufficient evidence at the original hearing to meet his burden of proof. Consequently, the Landlord's request for review was dismissed, and the original order was upheld.

The ruling

The Landlord's request to review order LTB-L-071908-24 is denied. The original order, which dismissed the Landlord's application due to insufficient evidence to determine the lawful rent, is confirmed and remains unchanged. The interim order that had stayed the original order is cancelled, and the stay is lifted immediately.