YMCA of Hamilton/Burlington/Brantford v Mallison

Landlord wins · Hamilton · 2021-10-22

Adjudicator

Douglas Wilkins

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Y.O.H.

Tenant

S.M.

Landlord rep

Jim Weller

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a N4 Notice, which the tenant did not void by paying the arrears. The tenant was not present at the hearing.

The ruling

The Landlord's application is dismissed without prejudice, as the N4 notice issued by the Landlord contained a fatal error that rendered it defective and deprived the Adjudicator of jurisdiction to terminate the tenancy and evict the Tenant. The Landlord is free to restart the process by issuing a new and valid N4 notice.