Song v Ahmed

Tenant wins · Toronto · 2025-08-27

Adjudicator

Benjamin Seigel

Dispute

Damage to Property

Landlord

J.S.

Tenant

H.A., H.A.

What happened

The Landlord applied for an order requiring the Former Tenants to pay for reasonable out-of-pocket costs incurred to repair or replace undue damage to the property allegedly caused wilfully or negligently. The application was dismissed because the Landlord failed to prove that the Application and Notice of Hearing were properly served to the Former Tenants, despite multiple adjournments and warnings from the Board.

The ruling

The Landlord's application for damages against the Former Tenants is dismissed. The Board determined that the Landlord failed to comply with the statutory requirements for serving the Application and Notice of Hearing, despite being given multiple opportunities and explicit warnings in previous sessions.