Mahallati v Martinsen

Landlord wins · Ottawa · 2025-08-08

Adjudicator

Nancy Morris

Dispute

Non-payment of Rent, Other

Landlord

K.M.

Tenant

J.M., L.G., A.D.

Landlord rep

L. Shepherd

What happened

The Landlord initially applied for rent arrears (L9). The matter was adjourned once after the Landlord arrived late. The Landlord later withdrew the application ex parte. The Tenants requested a review, alleging they were denied procedural fairness because the ex parte withdrawal prevented them from seeking costs related to the Landlord's late attendance and the alleged vexatious nature of the application.

The ruling

The request for review was granted on the grounds of procedural fairness; however, the original order allowing the Landlord to withdraw the application was confirmed. The Tenants' request for $300.00 in costs was denied because the application was not found to be vexatious and the Tenants did not incur quantifiable legal or preparation expenses.