DONLAR HOLDINGS INC v SCHWANDT

Tenant wins · Thunder Bay · 2025-06-24

Adjudicator

Panagiotis Peter Roupas

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

DONLAR HOLDINGS INC

Tenant

W.S., M.O.

Landlord rep

Ryan Wolframe

Tenant rep

Matthew Jollineau

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. During the hearing, Tenant Duty Counsel identified a fatal defect in the N4 notice, specifically that the rent figures provided were incorrect. Upon discovery of this technical error, the Landlord chose to withdraw the application rather than proceed on the arrears alone.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants for non-payment of rent was dismissed as withdrawn. The dismissal followed the discovery of a fatal error in the N4 notice, as the financial details regarding rent were incorrect. The Landlord retains the right to serve a new notice and file a subsequent application.