Akbari v Santan

Tenant wins · East Gwillimbury · 2025-07-09

Adjudicator

Karen Gonçalves

Dispute

Bad Faith Eviction, Money Illegally Collected

Notice

Bad faith eviction (T5), Tenant rights (T2)

Landlord

K.S.

Tenant

A.J.A., S.S.

What happened

The Landlord requested a review of an order issued on October 23, 2024, claiming he was unaware of the original hearing because he was out of the country. The original application by the Tenants concerned illegal collection of money and a bad faith notice of termination. The Landlord argued he did not receive physical mail and that the Board's email notification might have gone to his spam folder. The Tenants argued that the Landlord was aware of the proceedings and had even confronted them about the application at a gas station shortly after the initial hearing.

The ruling

The Landlord's request for a review of the order dated October 23, 2024, is denied. The original order remains in full force and effect, and the stay of that order is lifted. The adjudicator found that the Landlord was not diligent in checking his mail or email and failed to provide a convincing reason for his absence at the original hearing.