Joseph v Warden

Landlord wins · St Catharines · 2025-06-16

Adjudicator

Nancy Morris

Dispute

Non-payment of Rent, Tenant Status

Notice

Non-payment of rent (N4)

Landlord

N.J.

Tenant

P.L.W., A.R.A.

What happened

The Landlord had previously obtained an order to evict the Tenants for non-payment of rent. This new order addresses a review request filed by one of the Tenants, A.R. Abbott, who claimed he was not actually a tenant and therefore should not be named in the eviction and monetary order. The Landlord and Tenant Board reviewed the evidence and determined the Tenant's claim was not credible and was a bad-faith attempt to delay the eviction.

The ruling

The Tenant's request to review the eviction order is denied. The Board confirmed that A.R. Abbott is a properly named Tenant, despite not signing the lease, based on the 'real substance' of the tenancy relationship. The review was deemed a bad-faith attempt to delay eviction. The original order (LTB-L-057282-23) is confirmed, and the stay on the monetary part of that order is lifted.