Sabioncello v Taylor

Tenant wins · Hamilton · 2025-05-12

Adjudicator

Richard Ferriss

Dispute

Damage to Property, Non-payment of Rent

Landlord

M.S.

Tenant

J.T., K.M.

What happened

The Landlord applied for rent arrears and damages. An order was issued after a hearing which the Landlord did not attend because of a work project. The Landlord filed a request to review the order. The Board denied the review request, stating that choosing to attend work over a known hearing date is not a valid reason for review as the Landlord did not demonstrate they were not reasonably able to participate.

The ruling

The Landlord's request to review the order of April 10, 2025, is denied. The Board found that the Landlord's reason for missing the original hearing—a work commitment—was a conscious choice and did not meet the standard of being 'not reasonably able to participate.' Therefore, the original order is confirmed and remains unchanged.