bcIMC Realty Corporation c/o QuadReal Residential Properties G.P. Inc. v Matbachi

Split/Other wins · Toronto · 2025-05-21

Adjudicator

Diane Wade

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

bcIMC Realty Corporation c/o QuadReal Residential Properties G.P. Inc.

Tenant

F.J.M., A.J.

Landlord rep

Sue Stevanovic, Martin Zarnett

Tenant rep

Rebecca Ward

What happened

The Landlord requested a review of a prior order that had dismissed their application for eviction based on persistent late payment of rent. The original order concluded the issue was non-payment, not late payment. The Landlord argued this was a serious error in law and a denial of natural justice. This review order agrees with the Landlord, cancels the previous order, and finds that persistent late payment was proven.

The ruling

The Landlord's request for review is granted, and the previous order from February 24, 2025, is cancelled. The Board finds that the Landlord has proven the grounds for termination due to persistent late payment of rent. However, exercising its discretion under s.83 of the Act, the Board preserves the tenancy. The tenancy is not terminated, on the condition that the Tenants pay their full lawful rent on time for the period from June 1, 2025, to November 1, 2026. If the Tenants breach this condition, the Landlord may apply for an eviction order under s.78 of the Act.