Garcia v Fournier

Tenant wins · Alfred · 2025-05-12

Adjudicator

Robert Patchett

Dispute

Breach of Conditions, Illegal Act, Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.G., D.L.

Tenant

S.M.F.

Landlord rep

Kimberley Farrell

Tenant rep

Alexis Fafard

What happened

A Landlord requested a review of a previous order that had resolved their non-payment of rent application. In the original order, the Tenant was awarded compensation. The Landlord alleged the original Member was biased, exercised discretion unreasonably, made errors of fact and law, and that the Landlord was unable to fully participate in the original hearing. The Tenant argued there was no serious error and the review was a delay tactic. This review hearing focused on determining if a serious error occurred that would warrant a re-hearing.

The ruling

The Landlord's request to review the order from November 18, 2024, is denied. The Board found no serious error in the original proceeding or order. The stay on the original order is lifted, and that order is confirmed, meaning the Landlord still owes the previously ordered compensation of $2,500.00 to the Tenant. All of the Landlord's allegations, including bias, unreasonable discretion, and errors of fact and law, were dismissed.