Mamone v Cuthbertson
Tenant wins · Hamilton · 2024-11-22
- Adjudicator
- Elle Venhola
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- D.M.
- Tenant
- G.C.
- Landlord rep
- Kimberly Holleran
- Tenant rep
- Duty Counsel
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant claims the parties had reached an informal payment plan agreement prior to the initial hearing, and the Landlord told the Tenant he did not need to attend the hearing. The Tenant only learned of the eviction order after the fact.
The ruling
The Tenant's request to review the previous order was granted. The Landlord and Tenant had reached an informal payment plan agreement prior to the initial hearing, but the Landlord misled the Tenant about the need to attend. The Landlord's behavior amounted to an abuse of process. The Tenant has the ability to pay the rent arrears, so a conditional order was issued allowing the Tenant to pay the arrears in installments.