Robinson v Shier

Tenant wins · Belleville · 2025-06-20

Adjudicator

Dana Wren

Dispute

Damage to Property, Review Request, Substantial Interference

Landlord

G.R., C.R.

Tenant

A.S., J.S.

Landlord rep

Dara Saunders

What happened

Landlords requested a review of a previous order that dismissed their L10 application for damages and substantial interference. The original dismissal was due to the Landlords' failure to properly serve the application and Notice of Hearing to the Former Tenants. The Landlords argued in the review that the Tenants were made aware of the application during a confidential Adjudicative Case Conference (ACC). The Member hearing the review found no serious error in the original decision, as the Landlords failed to provide proof of service, a legal requirement that is not absolved by discussions in a confidential ACC.

The ruling

The Landlords' request to review the dismissal of their L10 application is denied. The original order, which dismissed their case due to a failure to properly serve the application documents to the Tenants, is confirmed. The adjudicator found no serious error in the original decision, emphasizing that the legal requirement to serve documents cannot be replaced by informal discussions at a confidential case conference. The interim order is cancelled.