Ferretti v Cabral

Landlord wins · St Catharines · 2025-06-17

Adjudicator

Dale Whitmore

Dispute

Damage to Property, Personal Use, Rent Arrears / Compensation

Notice

Personal use (N12)

Amount

$10-20K

Landlord

F.F.

Tenant

S.C., J.P.

Landlord rep

Darlene Kwiatkowski

What happened

The Landlord filed for a review of a prior order (LTB-L-057263-23) which had largely dismissed his claims. The original application was for eviction for personal use and was later amended to include compensation for damages. The Tenants vacated the unit before the original hearing. The Landlord continued to seek compensation for unpaid rent for two months and for significant damages to the property. The original Member dismissed the compensation claim and most of the damage claims. This review order finds that the original Member made serious procedural errors by not addressing the compensation claim and by dismissing damage claims based on concerns (e.g., cost estimates, depreciation) that were never raised during the hearing, thus denying the Landlord procedural fairness. Upon rehearing the matter, the review Member cancelled the original order and awarded the Landlord a total of $11,219.16.

The ruling

The Landlord's request to review a previous order is granted. The original order is cancelled and replaced. The Tenants are ordered to pay the Landlord a total of $11,219.16. This amount covers compensation for two months of unpaid rent, the cost to repair extensive damages (including floors and a shed door), replacement of missing items, and the Landlord's application filing fee. The decision was based on a finding of serious procedural errors in the original hearing.