Lam v Singh

Split/Other wins · Toronto · 2025-10-29

Adjudicator

Jeremy Henderson

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

T.Y.L., V.W.Y.T.

Tenant

J.S.

Landlord rep

Nixon Lau, Joey Wong

Tenant rep

Amir Johari

What happened

The Landlords applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent. During the hearing, it was discovered that the Landlords had uploaded two different versions of the N4 notice, and their agent could not confirm which version was actually served on the Tenant. Additionally, the Tenant attempted to raise issues under section 82 regarding delayed access to the unit at the start of the tenancy, but this claim was found to be statute-barred due to the one-year limitation period.

The ruling

The Landlords' application to terminate the tenancy for non-payment of rent is dismissed as they could not prove service of a valid notice. The Tenant's section 82 claim regarding a delay in receiving keys is also dismissed because it was brought past the one-year legal time limit.