Mattamy(Ninth Line) Limited v Ahsan

Landlord wins · Mississauga · 2025-08-15

Adjudicator

Vicky Liu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

Mattamy(Ninth Line) Limited

Tenant

K.A., N.B.H.

Landlord rep

David Strashin

Tenant rep

Adam Elkeeb

What happened

The Landlord sought to terminate the tenancy due to massive rent arrears totaling over $136,000. An initial order dismissed the case as abandoned when the Landlord's representative arrived late due to a medical appointment. The Landlord requested a review, which was granted. The Tenants argued the Residential Tenancies Act did not apply because the occupancy arose from a failed Agreement of Purchase and Sale for a condominium unit, claiming the payments were for an interest in the property rather than rent.

The ruling

The Board cancelled the previous dismissal and ordered the termination of the tenancy and eviction of the Tenants unless they pay $136,831.66 by August 26, 2025. If the tenancy is terminated, the Tenants are ordered to pay the Landlord $35,186.00, which is the maximum amount within the LTB's monetary jurisdiction at the time of the hearing (including the filing fee). Daily compensation of $264.26 is required for each day the Tenants remain in the unit after the hearing.