Evictly

Diamond v Georges

Landlord wins · Windsor · 2025-11-03

Adjudicator
Susan Priest
Dispute
Maintenance, Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
>$20K
Landlord
J.D.
Tenant
M.G., Y.I.

What happened

The Tenants sought a review of an eviction order for non-payment of rent, claiming they did not receive notice of the original hearing and that there were serious maintenance issues (mold in the furnace) that were not addressed. The Landlord argued that the Tenants were aware of the proceedings and were using the review to delay eviction while arrears exceeded $36,000.00.

The ruling

The request to review the eviction order is denied as the Tenants failed to demonstrate a serious error or a valid reason for their absence at the original hearing. The stay of eviction is lifted immediately, allowing the Landlord to proceed with the Sheriff, given the substantial arrears exceeding $36,000.00 and the Tenants' lack of diligence.