De queiroz v Monthgomery

Tenant wins · Windsor · 2025-07-31

Adjudicator

Fabio Quattrociocchi

Dispute

Non-payment of Rent

Landlord

C.M.D.Q.

Tenant

A.C.M.

Landlord rep

John Kulikowski

What happened

The Landlord applied for an order requiring the Former Tenant to pay rent arrears and compensation. The Former Tenant had vacated the unit months before the application was filed. The primary issue at the hearing was the Landlord's failure to comply with procedural rules regarding the service of documents to the Former Tenant.

The ruling

The Landlord's application to collect money from a Former Tenant was dismissed. The Landlord failed to properly serve the Former Tenant with the necessary hearing documents within the 30-day timeframe required by LTB Rule 5.8. Because this was the second time the Landlord failed to perfect service, and no reasonable excuse was provided for the delay, the Board dismissed the application entirely rather than granting another adjournment.