Rathgeber v DEL Condominium Rentals

Tenant wins · Toronto · 2025-09-03

Adjudicator

Dana Wren

Dispute

Bad Faith Eviction, Review Request

Notice

Bad faith eviction (T5)

Landlord

DEL Condominium Rentals

Tenant

J.R., C.R.

Landlord rep

Edwin Sadasivam

What happened

The Landlord requested a review of a previous order dated December 4, 2024, which had found that the Landlord gave a notice of termination in bad faith. The Landlord argued that they did not receive the notice of the August 27, 2024 hearing and claimed a serious error regarding the named parties. The Board found that the Landlord failed to exercise due diligence in monitoring communications sent to the email address they provided and that the party naming issue had already been resolved in a prior interim order.

The ruling

The Landlord's request for a review of the December 4, 2024 order is denied. The original order, which determined the Landlord acted in bad faith and ordered payment to the Tenants, is confirmed and remains unchanged. The stay of the original order is lifted immediately.