METCAP LIVING PROPERTIES INC. v Taylor

Tenant wins · Scarborough · 2025-04-29

Adjudicator

Karen Gonçalves

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

METCAP LIVING PROPERTIES INC.

Tenant

E.T.

Landlord rep

Christine Daniel, Moeez Nabi

Tenant rep

Stacey-Ann Vassell

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. However, the adjudicator found that the N4 notice served by the Landlord included rent arrears that had already been the subject of a previous final order from the Landlord and Tenant Board. The Landlord's application was contested based on the principle of res judicata, as the Landlord attempted to re-litigate arrears from a period already decided in a prior application.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The N4 notice used to support the application was found to be invalid because it included rent arrears that had already been adjudicated in a previous Board order, violating the principle of res judicata.