Duncan v Parperides

Landlord wins · St Catharines · 2025-11-21

Adjudicator

E. Patrick Shea

Dispute

Illegal Entry, Maintenance, Non-payment of Rent, Tenant Rights

Landlord

D.D.

Tenant

T.P.

What happened

The Landlord requested a review of a previous hearing order that required him to pay $6,804.19 to the Tenant for rent abatements and illegal entry, despite the Tenant owing over $12,214.45 in rent arrears. The Tenant had declared bankruptcy, and the previous order failed to allow the Landlord to offset (set-off) the arrears against the compensation award.

The ruling

The Review Order varied the original Hearing Order. It determined that while the Tenant was awarded $6,804.19 for various claims, the Landlord is legally entitled to set off this amount against the $12,214.45 in rent arrears owed by the Tenant. Consequently, the amount the Landlord is required to pay to the Tenant's bankruptcy estate is reduced to $0.00.