Amica Swan Lake Inc. v Bean
Landlord wins · Markham · 2025-07-31
- Adjudicator
- Susan Priest
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- Amica Swan Lake Inc.
- Tenant
- C.B.
- Landlord rep
- Renee Welch
- Tenant rep
- Alyssa English
What happened
The Landlord obtained an eviction order for non-payment of rent. The Tenant's Power of Attorney (POA) requested a review of the order, claiming she did not receive the Notice of Hearing and that there were serious errors in the proceedings. The LTB considered whether the Tenant was reasonably able to participate and whether a serious error occurred.
The ruling
The LTB denied the Tenant's request for review, confirming the original eviction order. The adjudicator found the Tenant's POA was not reasonably prevented from participating in the hearing, as she had notice and chose not to attend. While the POA requested a stay until October 31, 2025, the Board found this would be too prejudicial to the Landlord given two years of non-payment. By consent, the stay of the eviction order is lifted effective September 15, 2025.