J.M. Peartree Holdings Inc. v Ankrah

Landlord wins · Embrun · 2025-11-07

Adjudicator

Harry Cho

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

J.M. Peartree Holdings Inc.

Tenant

S.A.

What happened

The Tenant requested a review of an LTB motion order that had denied their motion to set aside an ex parte eviction order. The Tenant failed to attend the motion hearing on October 23, 2025, claiming that although they received the notice of hearing by email, they did not read it until after the hearing date. The Board conducted a preliminary review to determine if the Tenant was reasonably able to participate in the original motion proceeding.

The ruling

The request to review the motion order dated October 30, 2025, is denied. The Board found that the Tenant's failure to read a hearing notice sent by email was a lack of diligence rather than an inability to participate. Consequently, the previous order remains unchanged and in effect.