Patil v Caravaggio

Split/Other wins · Toronto · 2025-08-11

Adjudicator

Mark Melchers

Dispute

Maintenance

Amount

<$5K

Landlord

L.C.

Tenant

A.P.

What happened

The Tenant filed a T6 application alleging the Landlord failed to meet maintenance obligations. An initial order was issued in favor of the Tenant. However, the Board initiated a review because it was discovered that the Landlord had sold the rental property before the original hearing took place. The Board had to determine if it had jurisdiction to issue an order against a person who was no longer the landlord at the time of the hearing.

The ruling

The Board-initiated review is granted, and the previous order dated June 2, 2025, is cancelled. Because the Landlord sold the property before the original hearing, the Board lacked the jurisdiction to order remedies against her. The Tenant withdrew the application during the review hearing. By private agreement between the parties, the Tenant is permitted to keep the $1,000.00 already paid by the Landlord, even though the Board has no authority to enforce that payment under the current circumstances.