Whilby v McDonald

Landlord wins · Brampton · 2025-07-29

Adjudicator

Karen Gonçalves

Dispute

Non-payment of Rent, Persistent Late Payment, Utility Costs

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

>$20K

Landlord

M.W.

Tenant

N.M., T.M.B.

What happened

The Landlord applied for termination of the tenancy and eviction based on non-payment of rent, persistent late payment, and unpaid utility costs. An initial order was issued in June 2025, which the Tenants sought to review, claiming they never received the Notice of Hearing. The Tenants alleged that their mail was being stolen from an unlocked mailbox and that their email contact information had changed.

The ruling

The LTB denied the Tenants' request to review the eviction order dated June 10, 2025. The Adjudicator found the Tenants' explanation for missing the original hearing—alleged mail theft and an updated email address—to be not credible and based on unreliable hearsay. Consequently, the stay of the eviction order was lifted immediately, as rent arrears were confirmed to be over $20,000.