Wade v Cargill

Tenant wins · Toronto · 2022-03-09

Adjudicator

Egya Sangmuah

Dispute

Non-payment of Rent, Substantial Interference, Personal Use

Notice

Non-payment of rent (N4), Personal use (N12), Persistent late payment (N8)

Landlord

J.W.

Tenant

P.W., I.C.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent, substantial interference, and the landlord's need for personal use of the rental unit. The Tenants had vacated the rental unit prior to the hearing.

The ruling

The Landlord's application was dismissed. The Tenants had already vacated the rental unit before the hearing, so the Landlord's application to determine whether the Act applies and to evict the Tenants was moot. Additionally, the Landlord's application for non-payment of rent was not properly before the Board because it was filed before the termination date in the notice of termination. The Landlord also failed to establish that the Tenants owed rent.