Evictly

Pyatin v Malinski

Tenant wins · Burlington · 2025-08-29

Adjudicator
Richard Ferriss
Dispute
Personal Use
Notice
Personal use (N12)
Landlord
D.P.
Tenant
F.M.

What happened

The Landlord requested a review of a previous LTB order (LTB-L-042544-25) which dismissed an application for personal use eviction. The Landlord alleged a serious error, claiming that compensation had actually been paid to the Tenant on August 8, 2025, contrary to the findings in the original order. The adjudicator conducted a preliminary review without a hearing to determine if the alleged error warranted a full review hearing.

The ruling

The Landlord's request for a review of the order dated August 26, 2025, is denied. The original order, which dismissed the Landlord's eviction application, is confirmed and remains unchanged. The adjudicator ruled that the Landlord's late payment of compensation (allegedly in August for an April deadline) failed to meet the statutory requirements for a personal use eviction.