Evictly

Berry v Berry

Landlord wins · Hamilton · 2025-08-01

Adjudicator
Benjamin Seigel
Dispute
Breach of Conditions, Non-payment of Rent
Landlord
S.B.
Tenant
S.B.
Landlord rep
Peter Janowski, Sidney Sheridan

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for failing to meet a condition of a previous Board order regarding rent payments. After an initial order was issued and a motion to set aside was resolved, the Tenant requested a review. The Tenant attended the review hearing late, requested to speak with Duty Counsel, but then disconnected from the videoconference and did not return. The Landlord requested costs, arguing the Tenant was using intentional delay tactics and abusing the Board's process.

The ruling

The Tenant's request to review the order for termination and eviction was denied as abandoned. The stay of the previous eviction order was lifted immediately. Additionally, the Tenant was ordered to pay $100.00 in costs to the LTB by August 12, 2025, as a penalty for engaging in an abuse of process and intentional delay tactics.