RASHMAWI v HJA CONTRACTING

Landlord wins · London · 2025-10-14

Adjudicator

Jagger Benham

Dispute

Damage to Property, Non-payment of Rent, Review Request

Landlord

B.R.

Tenant

A.M.

Tenant rep

Tenant Duty Counsel

What happened

The Former Tenants filed a request to review an LTB order dated July 29, 2025, which ordered payment for rent arrears and property damages. The Tenants claimed they were never served with the Notice of Hearing and challenged the Landlord's method of service, asserting they used a community mailbox and that the Landlord's certificate of service was incorrect. The Landlord admitted to placing the documents in a recycling bin at the Tenants' new residence. However, evidence showed the Tenants were aware of the application via email from the Board as early as July 2024 and had access to the Tribunals Ontario Portal but chose not to engage or request a PIN, stating they 'waited to see what would happen'.

The ruling

The Former Tenants' request to review the order issued on July 29, 2025, is denied. The original order, which likely involves payment for rent and damages, is confirmed and remains unchanged. The stay of the original order is lifted immediately, allowing the Landlord to proceed with enforcement.