Cityhousing Hamilton Corporation v Hukil

Split/Other wins · Hamilton · 2021-04-27

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

C.H.C.

Tenant

R.H.

Landlord rep

Sue Di Battista

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The parties agreed that the Tenant was in arrears when the application was filed but was no longer in arrears at the time of the hearing. The only issue was whether the Landlord was entitled to reimbursement of the application filing fee.

The ruling

The Landlord's application is dismissed. The Board exercised its discretion not to award the Landlord the cost of filing the application, as the primary reason for the filing fee being incurred was the lack of communication between the Landlord's legal department and its agent, T.M., who had assured the Tenant that no legal action would be taken.