809263 Ontario Inc. v Herault
Tenant wins · Ottawa · 2025-08-19
- Adjudicator
- Colin Elsby
- Dispute
- Non-payment of Rent, Superintendent Premises
- Landlord
- 809263 Ontario Inc.
- Tenant
- T.H.
- Landlord rep
- Eli Saikaley, Sandra Saikaley
What happened
The Landlord applied for an order for rent arrears or compensation regarding a superintendent's unit after the Tenant's employment was terminated. The Tenant remained in possession after the statutory one-week rent-free period. The Landlord claimed a market rent value but failed to provide any corroborating documentary evidence such as comparable listings or other tenancy agreements. Because the Landlord relied solely on oral testimony that was not substantiated, the Board could not determine the rental value or the amount owing.
The ruling
The Landlord's application for compensation for the use of a superintendent's unit was dismissed. While the Tenant stayed in the unit after his employment ended, the Landlord failed to provide any documentary evidence to prove the market rental value of the unit, and therefore failed to prove the amount of arrears or compensation owed.