Berger v Sheikh

Split/Other wins · Brampton · 2021-01-27

Adjudicator

Laura Hartslief

Dispute

Bad Faith Eviction

Landlord

T.S.S.

Tenant

C.M.B.

Tenant rep

Gloria Berger

What happened

Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. The application was resolved by order CET-92371-20 issued on July 10, 2020. The Landlord requested a review of the order, stating there was a serious error in the hearing proceeding because he was not given the opportunity to call any of the witnesses he intended to call to testify at the hearing.

The ruling

The Landlord's request for review is granted. The original order is cancelled and replaced. This matter is adjourned to a date to be set by the Board to hear the Tenant's application de novo. The parties must provide each other and the Board with their evidence and witness lists prior to the next hearing.