Chatrie v Pabby

Landlord wins · Mississauga · 2025-08-28

Adjudicator

Mayra Sawicki

Dispute

Breach of Conditions, Illegal Entry, Substantial Interference

Landlord

D.P.

Tenant

C.C., O.B.

Landlord rep

D. Pabby

Tenant rep

C. Williams

What happened

The Tenants filed for a review of an order that dismissed their T2 application as abandoned. The Tenants claimed they failed to attend the original hearing because they sincerely believed the issues (illegal entry, substantial interference, and lease disclosure issues) were already addressed during a separate L1 hearing on March 25, 2025. While the adjudicator granted the review because the Tenants were not reasonably able to participate in the first hearing due to their genuine misunderstanding, the adjudicator ultimately dismissed the T2 application. This dismissal was based on the doctrine of res judicata, as the issues raised in the T2 application were identical to the Section 82 issues already adjudicated in a final decision for a previous L1 application between the same parties.

The ruling

The LTB granted the Tenants' request for review, cancelling a previous dismissal for abandonment. However, upon reviewing the merits, the Board dismissed the Tenants' T2 application because the issues of illegal entry and substantial interference had already been decided in a previous L1 hearing. The Board ruled that the Tenants could not have a 'second kick at the can' for the same issues.