Garisto v Komer

Tenant wins · Toronto · 2025-09-03

Adjudicator

Rachel Gibbons

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

D.G.

Tenant

W.K.

Landlord rep

George Stanley Berger

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant raised preliminary issues regarding the service of the notice and application, and alleged an illegal lockout. The Landlord admitted to changing the locks in February 2025, which was several months before the application was filed in May 2025.

The ruling

The Landlord's application for eviction and rent arrears was dismissed. Because the Landlord locked the Tenant out before filing the application, the LTB ruled it did not have jurisdiction to hear the case as an eviction matter. The Tenant's request for travel costs was also denied.