Mastropietro v Nahmias

Split/Other wins · North York · 2026-01-20

Adjudicator

Ian Speers

Dispute

Non-payment of Rent, Withdrawal

Notice

Non-payment of rent (N4)

Landlord

A.M.

Tenant

J.N., Y.A.

Tenant rep

Kathleen Lovett

What happened

The Landlord applied to terminate the tenancy for non-payment of rent but later requested to withdraw the application. The Tenants' representative objected to the issuance of a formal withdrawal order via an irregular ex parte communication, arguing that a simple email notification would suffice and that the formal order was prejudicial. The Tenants also accused the Landlord's counsel of 'sharp practice' for delaying the withdrawal. The Board found that because a case conference had occurred, the hearing had technically commenced, requiring the Board's consent via a formal order to withdraw. The adjudicator amended the original withdrawal order to clarify the procedural history but refused to rescind it.

The ruling

The LTB application for non-payment of rent is withdrawn. The original withdrawal order is amended to include a more detailed procedural history but is not retracted. The Tenants' representative is cautioned against irregular ex parte communications with the Board.