Chan v Bitter

Tenant wins · Woodbridge · 2025-04-22

Adjudicator

E. Patrick Shea

Dispute

Breach of Conditions, Motion To Set Aside

Amount

<$5K

Landlord

T.K.C., S.L.

Tenant

C.B.

Landlord rep

Raymond Lee

Tenant rep

Peace Penzi

What happened

The Landlords' representative filed an ex-parte application (L4) after the Tenant breached a payment condition in a prior consent order. The representative knowingly misidentified a former tenant as a current tenant on the application. This led to an erroneous ex-parte order being issued against both the Tenant and the former tenant. The Tenant filed a motion to set aside this order. The Board granted the motion, setting the order aside due to the representative's misconduct and failure to provide full and frank disclosure. The representative was also ordered to pay costs to the wrongly-named former tenant.

The ruling

The Tenant's motion is granted. The ex-parte order from December 27, 2024, is set aside and is unenforceable. This decision was made because the Landlords' representative provided false and misleading information on the application by naming a former tenant. The Landlords' representative, Raymond Lee, is ordered to personally pay $200.00 in costs to the former tenant, Tonya Rose.