Ben-Chorin v Lacroix
Tenant wins · Orillia · 2025-10-10
- Adjudicator
- Candace Aboussafy
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- A.M.B., 6397352 Canada Inc.
- Tenant
- L.L., K.B.
- Tenant rep
- Carson Frankum
What happened
The Landlords applied for eviction based on non-payment of rent. A significant portion of the hearing addressed whether the tenancy was a joint tenancy or a tenancy in common. Tenant 2 argued she was in a tenancy in common and had vacated in August 2024. The Member found it was a joint tenancy. However, since the application was filed more than a year after Tenant 2 vacated, the Board lacked jurisdiction over her. Additionally, the N4 notice was found to be defective, leading the Landlords to withdraw their application.
The ruling
The application was dismissed as withdrawn by the Landlords. Tenant 2 was removed as a party because the Board lacked jurisdiction over her, given that she had vacated the unit more than a year before the application was filed. The Landlords chose to withdraw after the adjudicator determined the N4 notice was defective and eviction would not be granted.