Highgate Property Investments Inc v Adebowale

Split/Other wins · Pickering · 2025-05-02

Adjudicator

Camille Tancioco

Dispute

Damage to Property, Unpaid Utilities

Notice

Damage to premises (N5)

Amount

<$5K

Landlord

Highgate Property Investments Inc

Tenant

A.A., G.A.

Landlord rep

J. Shabes

What happened

The Landlord sought to terminate the tenancy and evict the Tenants for unpaid utility bills and alleged damages. The LTB initiated a review of a previous order that had granted the eviction. The review focused on whether an N5 notice, where the Landlord checked 'Reason 2' (Damage) but provided details regarding unpaid utilities (which should be 'Reason 1' for substantial interference), was valid under the substantial compliance provisions of the Act.

The ruling

The LTB-initiated review was granted, and the previous eviction order was cancelled. The Vice Chair found the N5 notice to be fatally defective because the Landlord checked the box for 'Damage' while the particulars related to 'Unpaid Utilities'. However, the Tenants are still ordered to pay $2,521.53 for the utility arrears plus the $186.00 filing fee by May 13, 2025.