Brewer v. The Landlord Tenant Board Southern RO

Tenant wins · 2018-02-09

Adjudicator

Matheson J.

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Landlord

M.F.

Tenant

R.B., M.B.

Landlord rep

Gerry Falletta

What happened

The tenants appealed two LTB orders - one terminating their tenancy for non-payment of rent, and a review order upholding the termination. The tenants argued they were denied the opportunity to make submissions at the LTB hearing due to elevator issues, and that the $300 costs award against them was unreasonable.

The ruling

The Divisional Court allowed the tenants' appeal, set aside the LTB review order, and remitted the matter to the LTB for a review hearing before a different Member to determine if the tenants were reasonably unable to attend the original hearing. If so, a fresh hearing on the landlord's application should be conducted.