Abdallah v Mawagdeh

Tenant wins · North York · 2025-09-11

Adjudicator

Diane Wade

Dispute

Non-payment of Rent, Personal Use, Substantial Interference, Utilities

Notice

Non-payment of rent (N4), Substantial interference (N5), Personal use (N12)

Landlord

B.A.

Tenant

F.M.

Landlord rep

J. Baboulas

Tenant rep

T. Bui

What happened

The Landlord filed multiple applications (L1 and L2) for eviction based on non-payment of rent, substantial interference, and personal use. A previous order (March 20, 2025) dismissed the Landlord's applications but ordered the Tenant to return compensation paid for a different L2 application that had been withdrawn in 2024. The Tenant requested a review, claiming a serious error in the order. At the review hearing, the Landlord's representative indicated they were not pursuing the L1 or L2 applications as the L2 matter was being dealt with in a new hearing. The adjudicator focused on whether the Board had the jurisdiction to order the return of compensation from a separate, previously withdrawn case.

The ruling

The request for review was granted because the original order contained a serious error regarding the return of compensation from a previous case. The order issued on March 20, 2025, is cancelled. Both the Landlord's L1 and L2 applications are dismissed.