Smektala v Johnson

Landlord wins · Toronto · 2025-09-03

Adjudicator

Jane Dean

Dispute

Non-payment of Rent

Landlord

D.S., M.C.

Tenant

L.M.J., D.J.

What happened

The Landlords filed an L9 application for rent arrears. An order was issued on August 6, 2025, after the Tenants failed to appear at the original hearing on July 28, 2025. The Tenants filed a request for review, claiming they were not reasonably able to participate because Tenant 1 was out of the country on a health retreat and later claimed she had surgery, resulting in no reliable email access.

The ruling

The Tenants' request to review the original order dated August 6, 2025, is denied. The original order remains in effect, and the stay of that order is lifted immediately. The Adjudicator found the Tenants' explanation for missing the hearing was not credible and they failed to demonstrate they were unable to participate.