Gerard v Ross
Landlord wins · Hamilton · 2025-08-25
- Adjudicator
- Karen Gonçalves
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- D.G.
- Tenant
- T.R.
What happened
The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. An original order was issued after the Landlord failed to attend the first hearing. The Landlord requested a review, explaining that his flight from Halifax to Hamilton was diverted and delayed due to mechanical issues, preventing his attendance. The Tenant opposed the review, claiming the Landlord ignored her request for an adjournment. The Member granted the review, cancelled the previous order, and addressed the underlying rent arrears application, noting the Tenant had already vacated the unit.
The ruling
The LTB granted the Landlord's review request, cancelling the previous order. The tenancy was declared terminated effective December 31, 2024, the date the Tenant moved out. The Tenant is ordered to pay the Landlord $5,406.00 by September 5, 2025, which represents rent arrears and the filing fee, less the rent deposit and interest.