Gazit v Preston

Landlord wins · Toronto · 2025-07-28

Adjudicator

Susan Priest

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

A.G.

Tenant

K.P., L.C.

Landlord rep

Marc Levy

Tenant rep

Tenant Duty Counsel

What happened

The Tenants requested a review of a previous order (LTB-L-020521-25-SA) which had confirmed their eviction. The Tenants claimed they were unable to participate in a prior hearing on May 27, 2025, because they were unaware it was scheduled, despite a search of their mail and email. They alleged they only received notice for a different hearing in September. The Landlord opposed the request, arguing that the Tenants had been served notice through multiple channels and failed to exercise due diligence in tracking their legal proceedings.

The ruling

The request to review order LTB-L-020521-25 issued on June 2, 2025, is denied and the order is confirmed. The stay of the eviction order is lifted immediately. The Board found the Tenants' excuse for missing the previous hearing—that they did not see the notice—was insufficient and reflected a lack of due diligence, as the notice was properly sent to them via mail and email.