Capreit Limited Partnership v Marriott

Tenant wins · Toronto · 2023-01-11

Adjudicator

Percy Laryea

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Capreit Limited Partnership

Tenant

H.M.

Landlord rep

Nidhi Sharma

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenant did not void by the termination date. However, by the hearing date, the Tenant had paid the rent arrears in full.

The ruling

The Landlord's application for termination of tenancy and eviction was dismissed. The Tenant had paid the rent arrears in full by the hearing date, eliminating the grounds for the application. As there was no reasonable cause of action to proceed, the application was dismissed.