Heeralal v Chambers

Landlord wins · Hamilton · 2025-08-11

Adjudicator

Candace Aboussafy

Dispute

Non-payment of Rent

Landlord

N.H.

Tenant

A.C.

What happened

The Tenant filed a request for review of a previous order that terminated the tenancy for non-payment of rent. The Tenant argued they were unable to participate in the original hearing because they chose to accept a day of work offered to them. Additionally, the Tenant sought to dispute the Landlord's evidence regarding the sharing of a kitchen, which might affect the jurisdiction of the Act. The Board found that choosing work over a hearing does not satisfy the criteria for being 'not reasonably able to participate' and that the review process cannot be used to re-litigate facts that should have been addressed at the hearing.

The ruling

The Tenant's request for review was denied. The Board confirmed that the original order (LTB-L-024430-25) issued on June 20, 2025, remains in full force and effect. The Tenant's excuse for missing the hearing (attending work) was deemed insufficient, and her attempt to introduce new arguments regarding the shared kitchen was rejected.