DMS Property Management Ltd v Boucher and Gilbertson
Tenant wins · Burlington · 2021-05-04
- Adjudicator
- Donald MacVicar
- Dispute
- Persistent Late Payment
- Notice
- Persistent late payment (N8)
- Landlord
- DMS Property Management Ltd, SIREG Management Inc.
- Tenant
- C.B., S.G., C.P.
- Landlord rep
- Navya Menon
- Tenant rep
- Joseph Kazubek
What happened
The landlord, DMS Property Management Ltd, applied for an order to terminate the tenancy and evict the tenants, Chad Boucher and Shelby Gilbertson, due to persistent late payment of rent. However, the application was confusing as the actual owner of the property was SI 2500 Brant Inc., and Shelby Gilbertson was not a tenant of the unit since 2017, with Celeste Payette being the actual tenant since then.
The ruling
The application is dismissed due to the notice of termination being fatally defective and Shelby Gilbertson not being a tenant of the unit since 2017.