Elvins v Cunha

Tenant wins · Amherstview · 2025-07-28

Adjudicator

Camille Tancioco

Dispute

Non-payment of Rent, Review Request

Notice

Non-payment of rent (N4)

Landlord

K.E.

Tenant

A.C.

Landlord rep

Deanna Veinott

What happened

The Landlord requested a review of an order issued on July 15, 2025, claiming a serious error. The Landlord argued that new evidence—a lease agreement from July 2024—showed the parties agreed to a rent increase from $400.00 to $650.00. The Landlord claimed this evidence was misfiled and unavailable at the original hearing. The Board considered whether the evidence could have been produced earlier and whether it would have changed the outcome of the original decision.

The ruling

The Landlord's request for a review was denied. The original order issued on July 15, 2025, which determined the lawful rent to be $400.00 rather than the $650.00 claimed by the Landlord, remains confirmed. The Landlord's failure to present the lease at the original hearing was deemed a lack of diligence, and the agreement itself did not override statutory rent increase requirements.