Maduka v Desjardins

Tenant wins · Capreol · 2025-12-04

Adjudicator

Panagiotis P. Roupas

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

E.T.M.

Tenant

M.D.

Tenant rep

Tenant Duty Counsel

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent. At the hearing, the Tenant challenged the service of the N4 notice, claiming she never consented to receive legal notices via email. The Landlord had served the N4 notice by email, believing it was acceptable because previous communications had been handled via email. The Member found that email service was not proven to be an authorized method in this specific tenancy, leading the Landlord to withdraw the application.

The ruling

The Landlord's application to terminate the tenancy was dismissed as withdrawn, without prejudice. The dismissal occurred because the Landlord failed to prove proper service of the N4 notice, as it was sent via email without the Tenant's consent. The Landlord retains the right to serve a new notice and file a new application.