Gouveia v Holibanich

Tenant wins · Niagara Falls · 2025-10-15

Adjudicator

Inderdeep Padda

Dispute

Damage to Property, Non-payment of Rent

Landlord

L.G.

Tenant

E.H.

What happened

The Landlord applied for an order for rent arrears and daily compensation from a former tenant, as well as compensation for undue damages to the rental unit. However, the Landlord failed to prove that the Former Tenant was properly served with the application and the Notice of Hearing according to LTB rules.

The ruling

The Landlord's application for rent arrears and damages was dismissed. The Adjudicator found that the Landlord failed to properly serve the Former Tenant with the application and the Notice of Hearing. The Landlord did not provide proof of written consent for email service, failed to show the Tenant received the documents, and served the hearing notice only 8 days before the hearing instead of the required 30 days.