Greenrock Limited Partnership v Lovsin

Tenant wins · Toronto · 2025-06-05

Adjudicator

Harry Cho

Dispute

Jurisdiction, Non-payment of Rent, Review Of An Order

Notice

Non-payment of rent (N4)

Landlord

Greenrock Limited Partnership

Tenant

J.L.

What happened

The Landlord, a corporation, initially won an eviction order for non-payment of rent against the Respondent. The Respondent filed for a review, arguing he was only a financial guarantor for his child, who was the actual tenant and occupant of the unit for the past 10 years. The Landlord was absent at the review hearing. The Board found the Respondent's testimony credible, determined that he was indeed a guarantor and not a tenant, and that the child was the true tenant. Consequently, the N4 notice served on the guarantor was deemed invalid, and the original eviction order was cancelled due to a serious error and lack of jurisdiction. The Landlord's application was dismissed, and they were ordered to return possession of the unit to the tenant.

The ruling

The review request from the person named as the tenant is granted. The original eviction order from April 10, 2025, is cancelled. The Landlord's application for eviction is dismissed because the wrong party was named as the tenant; the named individual was a financial guarantor, not the actual tenant. The Landlord is ordered to immediately return possession of the rental unit to the actual tenant.