Smith v Courtney
Landlord wins · North York · 2025-06-02
- Adjudicator
- Susan Priest
- Dispute
- Non-payment of Rent, Procedural Fairness
- Notice
- Non-payment of rent (N4)
- Landlord
- S.S.
- Tenant
- S.C., D.S., D.C.
- Landlord rep
- Eric Steiman
- Tenant rep
- Ricardo Colonesse
What happened
Tenants requested a review of an eviction order for non-payment of rent, claiming they did not receive the Notice of Hearing for the original proceeding. The Landlord's property manager testified to personally serving the notice by placing it under the Tenants' door. The Board found the Tenants' claim not credible, determined they failed to exercise due diligence, and denied the review request. The stay on the original eviction order was lifted, but delayed to June 30, 2025, to allow the Tenants time to find new housing.
The ruling
The Tenants' request to review the original eviction order is denied. The Board found that the Landlord properly served the Notice of Hearing and the Tenants' failure to attend was due to their own lack of diligence. The original order is confirmed, but the stay on it is lifted effective June 30, 2025, to give the Tenants time to move.