Evictly

SKPM Rents 3 v Solares

Landlord wins · Etobicoke · 2025-10-28

Adjudicator
Kate Sinipostolova
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Landlord
S.R.
Tenant
M.T.S.
Landlord rep
Sharon Harris
Tenant rep
Cynthia Buraca Solares

What happened

The Tenant requested a review of an order issued on August 26, 2025, which terminated her tenancy for non-payment of rent. The Tenant failed to attend the original hearing on August 18, 2025, claiming she was too busy at work and simply forgot the date, despite having it noted in her calendar. The Landlord's representative argued that the Tenant failed to exercise due diligence. The adjudicator determined that work commitments and forgetting a hearing date do not constitute a reasonable excuse for failing to participate in a proceeding.

The ruling

The Landlord and Tenant Board denied the Tenant's request for a review of the eviction order. The adjudicator found that the Tenant's failure to attend the original hearing due to being 'busy at work' and 'forgetting' did not meet the threshold of being 'reasonably unable to participate.' The stay of the previous order was lifted immediately, confirming the termination of the tenancy and the rent arrears owed.