Rocca v Depatie

Tenant wins · Sudbury · 2025-06-27

Adjudicator

Amanda Kovats

Dispute

Persistent Late Payment, Substantial Interference

Notice

Substantial interference (N5), Persistent late payment (N8)

Landlord

J.R.

Tenant

B.D., C.M.

What happened

The Landlord sought to review a previous LTB order that had denied an eviction application. The Landlord claimed to have discovered new photographic evidence with dates that proved the Tenant had not voided a conduct-related notice (N5). The review was conducted preliminarily to determine if a serious error occurred or if new evidence should be admitted.

The ruling

The Landlord's request for a review of order LTB-L-003417-25 was denied. The Adjudicator found that the Landlord's new evidence (dated pictures) did not meet the test for admissibility as there was no explanation for why it was unavailable at the original hearing. The original order, which likely favored the Tenants by dismissing the eviction, remains in full effect.