Meszen v Kwak
Tenant wins · Toronto · 2023-10-06
- Adjudicator
- Robert Brown
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- I.M., P.M.
- Tenant
- E.K.
- Landlord rep
- Mihai Paunescu
- Tenant rep
- Mohsen Azimi
What happened
The landlords applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The tenant stopped occupying the rental unit on December 25, 2022, due to a fire in a neighboring complex. The landlords and tenant disputed whether the tenancy was a joint tenancy or a tenancy in common.
The ruling
The landlords' application is dismissed because the tenancy was found to be a tenancy in common, not a joint tenancy, and the application failed to name both joint tenants, which would not be procedurally fair.