HI-LO INVESTMENTS v SKOLNIK

Tenant wins · Toronto · 2026-01-05

Adjudicator

Colin Elsby

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

HI-LO INVESTMENTS

Tenant

L.S., B.S.

Landlord rep

Sharon Harris

Tenant rep

Jonathan Nehmetallah

What happened

The Landlord applied to terminate the tenancy and evict the Tenants based on persistent late payment of rent. The Landlord alleged that rent was paid late 10 times over a one-year period. However, the Landlord failed to produce a written lease to establish the legal rent due date and relied on a ledger and testimony from a representative without first-hand knowledge of when cheques were actually received at the building. The Tenants argued that rent was historically due at the end of the month from when the building was a co-op, and while admitting to a few late payments, they always brought the balance to current.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants for persistent late payment of rent is dismissed. The Landlord failed to prove the contractual rent due date or provide reliable evidence of when payments were actually received by the building, as opposed to when they were processed by the office.