Farr v Naccarato
Landlord wins · Greater Sudbury · 2025-05-09
- Adjudicator
- Julie Broderick
- Dispute
- Maintenance
- Notice
- Maintenance (T6)
- Landlord
- M.N., A.N.
- Tenant
- B.K.F.
- Landlord rep
- Ashley Friel
What happened
The Tenant filed a T6 application alleging the Landlords failed to meet their maintenance obligations. The Landlords' representative raised a preliminary issue that the application lacked sufficient details, as it referred to a 'Schedule A' that was never provided, despite two requests. The adjudicator agreed that this failure to provide particulars, along with late disclosure of evidence, constituted procedural unfairness and disclosed no reasonable cause of action. Consequently, the Tenant's application was dismissed without a hearing on its merits.
The ruling
The Tenant's application for maintenance issues is dismissed. The dismissal is on a preliminary basis due to the application's lack of sufficient particulars, as it referred to a 'Schedule A' that was never provided. This procedural failure meant the application disclosed no reasonable cause of action and was unfair to the Landlords.