Freeman v Miller

Landlord wins · Toronto · 2025-05-02

Adjudicator

Dana Wren

Dispute

Tenant Rights

Amount

<$5K

Landlord

G.M.

Tenant

C.F., A.A.

Landlord rep

Maria Sturino

Tenant rep

Caryma Sa’d

What happened

The Tenants filed an application alleging that the Landlord entered the rental unit illegally. After an initial order and a successful review request, a de novo hearing was scheduled. At the hearing, the Tenants' representative requested an adjournment to add purchaser landlords to the application. The Adjudicator denied the request because the representative failed to follow proper procedural rules and prior instructions to amend the application and serve the new owners. Due to these procedural failures, the application was dismissed, and the Tenants were ordered to pay costs to the former Landlord.

The ruling

The Tenants' application for illegal entry was dismissed due to procedural failures by their legal representative. Specifically, the representative failed to correctly add the purchaser landlords to the application or serve them with the notice of hearing. The Board denied an adjournment request and ordered the Tenants to pay $200.00 in costs to the former Landlord for unreasonable conduct that caused undue delay and expense.