1762405 Ontario Ltd v Waldron

Tenant wins · Hamilton · 2025-07-04

Adjudicator

Laura Hartslief

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

1762405 Ontario Ltd

Tenant

A.W., O.C.

Landlord rep

Savan Chandaria

What happened

The Landlord sought a review of a previous order that dismissed their L4 application. The Landlord had originally applied to terminate the tenancy after Tenants allegedly breached a mediated settlement by failing to pay March 2025 rent on time. The original mediated settlement involved arrears of $9,194.28, which the Tenants paid in full by February 2025. The Board determined that the failure to pay the March rent constituted new arrears and did not relate to the same grounds as the original L1 application, meaning the L4 application was properly dismissed.

The ruling

The Landlord's request to review the dismissal of their L4 eviction application was denied. The Board confirmed that because the Tenants had successfully paid off the arrears specified in the original mediated settlement, any further late payments are considered new arrears. Consequently, the Landlord cannot use the expedited L4 process and must instead serve a new notice of termination (such as an N4 or N8) and file a new application if they wish to seek eviction for subsequent defaults.