Jalbert v Horvath

Landlord wins · Toronto · 2025-07-29

Adjudicator

Nersi Makki

Dispute

Maintenance

Landlord

R.H.

Tenant

P.J., E.H.

Landlord rep

Roman Komarov

Tenant rep

Ashley Friel

What happened

The Tenants requested a review of an order dated June 18, 2025, which dismissed their maintenance application (T6) because they failed to attend the hearing. The Tenants claimed they were unaware of the hearing because their legal representative did not notify them. The representative claimed they also did not receive the Notice of Hearing. However, Board records indicated that notice was sent to the representative's verified email address, which had been used successfully for previous communications.

The ruling

The request to review the order dismissing the Tenants' application is denied. The original order remains in effect. The Board found that the Tenants were given a reasonable opportunity to participate as notice was properly served to their legal representative, and any failure of the representative to communicate with the Tenants did not constitute a serious error in the LTB's proceedings.