IMH Pool XV LP v Kumaraguru

Landlord wins · MISSISSAUGA · 2025-05-23

Adjudicator

Harry Cho

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

IMH Pool XV LP

Tenant

A.K.

What happened

The Tenant requested a review of a prior order (LTB-L-050475-24) which mandated a payment of $5,043.58 to the Landlord for rent arrears and costs. The original decision was based on the Landlord's account ledger and a previous order allowing a retroactive rent increase. The original adjudicator found the Landlord's documentary evidence more credible than the Tenant's verbal testimony, which lacked supporting proof. The Tenant's review request was denied on the grounds that it was an attempt to re-argue the case and failed to demonstrate a serious error in the original order or proceeding.

The ruling

The Tenant's request to review the order of May 14, 2025, which required the Tenant to pay the Landlord $5,043.58, is denied. The adjudicator found no serious error in the original decision, affirming that it was reasonably based on the evidence where the Landlord's documented proof of arrears was preferred over the Tenant's unsupported claims of payment. The original order is confirmed and remains in effect.