Carver v KILLAM APARTMENT FEIT

Tenant wins · Gloucester · 2025-11-07

Adjudicator

Renée Lang

Dispute

Illegal Money Collection

Landlord

K.A.F.

Tenant

C.C.

Landlord rep

Betty Ng

What happened

The Landlord requested a review of a previous order which found that the Landlord collected or retained money illegally. The Landlord claimed a serious error occurred because its corporate name was misspelled and the adjudicator failed to apply rent exemption rules under section 6(2) of the Act. The Board determined that the name error was merely clerical and the failure to apply specific exemptions was due to the Landlord's failure to attend the original hearing and provide evidence. The Landlord admitted to misplacing the hearing notice and failing to provide it to their legal representative.

The ruling

The Landlord's request to review order LTB-T-002966-25 is denied. The original order, which likely ordered the return of illegally collected money to the Tenant, is confirmed and remains unchanged. The Board found the Landlord's arguments regarding clerical errors and statutory exemptions insufficient to warrant a review, particularly as the Landlord's absence from the original hearing was due to their own negligence in misplacing the hearing notice.