Mutual Property Management v Kilmer and Steele

Tenant wins · Sarnia · 2021-03-31

Adjudicator

Michael Di Salle

Dispute

Breach of Conditions

Landlord

Mutual Property Management

Tenant

J.K., T.S.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to meet a condition specified in a previous mediated settlement order. The Landlord claimed the Tenants breached the previous order by failing to make required payments, but the Landlord filed the current application more than 30 days after the alleged breaches.

The ruling

The Landlord's application is dismissed as it was filed beyond the 30-day deadline specified in the Residential Tenancies Act, 2006 for filing an application after an alleged breach of a previous order. The Board has no jurisdiction to consider the application.