Tolone v Ernst
Landlord wins · Thunder Bay · 2025-11-21
- Adjudicator
- Amanda Kovats
- Dispute
- Maintenance, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- J.T.
- Tenant
- R.E., Z.D.
What happened
The Landlord applied to terminate the tenancy for non-payment of rent. After a series of reviews and an interim order requiring the Tenants to pay ongoing rent, the Tenants failed to comply with the payment condition. Consequently, the Board refused to hear the Tenants' maintenance issues under Section 82. The Tenants requested a review of the rehearing order, claiming serious errors regarding the refusal to hear their maintenance issues (specifically radon concerns) and the application of mandatory refusal of eviction under Section 83(3).
The ruling
The Tenants' request for review is denied. The original order issued on November 18, 2025, which likely confirmed eviction for non-payment, remains unchanged. The Board found no serious error in the previous member's decision to exclude maintenance evidence due to the Tenants' failure to pay rent as ordered, and the evidence regarding radon was deemed inadequate to prevent eviction.