MetCap Living Management Inc. v Marta
Landlord wins · Etobicoke · 2025-05-14
- Adjudicator
- Dale Whitmore
- Dispute
- Non-payment of Rent, Review Of Order
- Notice
- Non-payment of rent (N4)
- Landlord
- MetCap Living Management Inc.
- Tenant
- M.T.
- Landlord rep
- Moeez Nabi
- Tenant rep
- Eloho Atekha-Aideyan
What happened
The Landlord applied to terminate the tenancy for non-payment of rent. After the Tenant failed to attend the initial hearing in January 2025, an eviction order was issued, and the Sheriff subsequently evicted the Tenant. The Tenant requested a review, claiming she was unable to participate because she was unaware of the hearing and the order. She testified that as she cannot read or write, she systematically throws away all mail that does not appear to be from government agencies or related to her medications.
The ruling
The request to review the eviction order is denied. The Board confirmed the original order and lifted the stay of eviction. Although the Adjudicator expressed sympathy for the 73-year-old Tenant, who was evicted over relatively low arrears, the Board found she was responsible for her own failure to attend the hearing by choosing not to read or seek help with her mail.