135 Atherley Road Residences Limited v Silverstein

Tenant wins · Orillia · 2025-09-11

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

135 ATHERLEY ROAD RESIDENCES LIMITED

Tenant

L.S.

Tenant rep

Matthew Silverstein

What happened

The Landlord applied for eviction based on non-payment of rent. An initial order for eviction was issued, but Tenant 2 (Occupant) requested a review. Tenant 2 argued he was not a tenant but an occupant/caretaker for Tenant 1, who is terminally ill. He claimed he was unaware of the hearing until the Sheriff arrived. The Board found Tenant 2 was indeed an occupant and that the Landlord's N4 notice was fatally flawed because it incorrectly listed an occupant as a tenant.

The ruling

The review of the previous eviction order is granted, and the original order is cancelled. The Landlord's application for eviction is dismissed because the N4 notice was fatally flawed by incorrectly naming an occupant as a tenant. The interim stay of the eviction is now redundant as the application is dismissed.