Bourgeois v Phillips

Landlord wins · Barrie · 2025-12-03

Adjudicator

Panagiotis P. Roupas

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

L.B., M.B.

Tenant

C.M.P., Ontario Wet Basement Solutions Inc

Tenant rep

Laura Ione Phiilips

What happened

The Landlords applied to terminate the tenancy and evict the Tenants for non-payment of rent. During the hearing, a dispute arose regarding the rent due date and the total amount of arrears. Landlord 1 insisted on a rent due date and an arrears amount that contradicted the Landlords' own application and evidence. The Board found that Landlord 1 had made significant calculation errors, including double-billing for two months of rent.

The ruling

The tenancy is terminated effective December 31, 2025, unless the Tenants pay $2,886.00 to void the order. However, the Board found that the Landlords' accounting was flawed due to double-billing. If the Tenants move out as ordered, the Landlords must actually pay the Tenants $1,969.70, as the rent deposit and interest exceed the arrears and filing fee owed up to the hearing date.