Safari Nia v Marshall

Landlord wins · Barrie · 2025-04-08

Adjudicator

James Campbell

Dispute

Fraud, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

B.S.N.

Tenant

C.V.M.

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent. The Tenant was absent from the hearing. The adjudicator found that the Tenant had not paid rent since November 2024 and, more seriously, had submitted fraudulent documents (job letter, pay stubs, credit report) to secure the tenancy. This fraudulent conduct was deemed to 'shock the conscience' and was the primary reason for denying the Tenant relief from eviction.

The ruling

The LTB has ordered the termination of the tenancy. The Tenant can void this order by paying the Landlord $14,474.10 by April 8, 2025. If the order is not voided, the Tenant must vacate the unit by April 8, 2025, and pay the Landlord $9,486.88 for rent arrears and costs, plus $78.90 per day for compensation from April 2, 2025, until moving out. Relief from eviction was denied due to the Tenant's fraudulent actions in securing the tenancy, which the adjudicator described as conduct that 'shocks the conscience'.